MIP of Alcohol

[MIPCalifornia2]

What is the name of your state? California (Santa Barbara)

I previously received a minor in possession (for having an open container outside of my apartment) in december and went through court and entered into a program where I would have my charge reduced to disturbing the peace on completion of it. I recently(yesterday night) received another minor in possession for helping my roommate(who is 21) carry groceries and alcohol into our apartment, there were 3 officers near my door and asked me to put the bags down and asked for our IDs when they saw a case of beer. They told my roommate he could get a ticket for furnishing to a minor(they never wrote him anything) and they told me they have to write me up for MIP regardless of the fact that the containers were closed and I was carrying it for him. They then had us open up every container and pour it out onto the ground. I was wondering if I have any form of defense or what kind of action I could take to reduce the charge, I will be 21 when I have my court date in a month, if that has any impact, though I highly doubt it.

Edit - Also is anyone aware what type of fine I will have to pay? I was told to come back to court on 4/11 to show my certificate of completion of my class and pay the fine for the first one. Now that I have a second one there is no point in attending the classes anymore, but I'm not sure what happens for the 4/11 court date.

[garrula lingua]

Were you cited with a violation of a municipal ordinance ?

Check your ticket and post what statute is cited on the ticket.

[MIPCalifornia2]

Originally Posted by garrula lingua

Were you cited with a violation of a municipal ordinance ?

Check your ticket and post what statute is cited on the ticket.

25662 B+P Minor in possession of alcohol

[garrula lingua]

25662. (a) Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or highway
or in any public place or in any place open to the public is guilty
of a misdemeanor and shall be punished by a fine of two hundred fifty
dollars ($250) or the person shall be required to perform not less
than 24 hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school. A second
or subsequent violation shall be punishable as a misdemeanor and the
person shall be fined not more than five hundred dollars ($500), or
required to perform not less than 36 hours or more than 48 hours of
community service during hours when the person is not employed or is
not attending school, or a combination of fine and community service
as the court deems just. It is the intent of the Legislature that the
community service requirements prescribed in this section require
service at an alcohol or drug treatment program or facility or at a
county coroner's office, if available, in the area where the
violation occurred or where the person resides. This section does not
apply to possession by a person under the age of 21 years making a
delivery of an alcoholic beverage in pursuance of the order of his or
her parent, responsible adult relative, or any other adult
designated by the parent or legal guardian, or in pursuance of his or
her employment. That person shall have a complete defense if he or
she was following, in a timely manner, the reasonable instructions of
his or her parent, legal guardian, responsible adult relative, or
adult designee relating to disposition of the alcoholic beverage.
(b) Unless otherwise provided by law, where a peace officer has
lawfully entered the premises, the peace officer may seize any
alcoholic beverage in plain view that is in the possession of, or
provided to, a person under the age of 21 years at social gatherings,
when those gatherings are open to the public, 10 or more persons
under the age of 21 years are participating, persons under the age of
21 years are consuming alcoholic beverages, and there is no
supervision of the social gathering by a parent or guardian of one or
more of the participants.
(c) The penalties imposed by this section do not preclude
prosecution or the imposition of penalties under any other provision
of law, including, but not limited to, Section 13202.5 of the Vehicle
Code

**How cooperative are your parents and how cooperative is the adult for whom you were carrying the packages ... ???
Note the wording of the stated 'complete' defense - was this person an 'adult designee' (designated by your parents) ??
With proof of that defense, I don't believe any Prosecutor would pursue the case.

[garrula lingua]

PS: Complete the program from the first MIP.
Never tick off a Judge or Prosecutor who you have to appear before.

Your reaction should have been to eagerly finish that program, and more, before you reappear in court before irate people who have control/power over you.

That was a bizarre reaction on your part - certain to get you in more trouble.

You must become aware that you are making poor decisions - are you drinking too much or just plain studpid ??
Are you hanging around with idiots who are trying to get into trouble ??

Be more careful - most municipalities have ordinances against drinking in public. You may have been cited on offense #1, even if not a minor.

Be aware that the Judge and Pros can cause your DL to be suspended for a year.
Do everything, and more, that they request.
If they ask for 24 AA meetings, do at least 34 if you know you screwed up and will be before them again ... it's just ten more hours and shows some sincerity.

[MIPCalifornia2]

Originally Posted by garrula lingua

PS: Complete the program from the first MIP.
Never tick off a Judge or Prosecutor who you have to appear before.

Your reaction should have been to eagerly finish that program, and more, before you reappear in court before irate people who have control/power over you.

That was a bizarre reaction on your part - certain to get you in more trouble.

You must become aware that you are making poor decisions - are you drinking too much or just plain studpid ??
Are you hanging around with idiots who are trying to get into trouble ??

Be more careful - most municipalities have ordinances against drinking in public. You may have been cited on offense #1, even if not a minor.

Be aware that the Judge and Pros can cause your DL to be suspended for a year.
Do everything, and more, that they request.
If they ask for 24 AA meetings, do at least 34 if you know you screwed up and will be before them again ... it's just ten more hours and shows some sincerity.

My reaction was to eagerly finish the program, I would be done with it this thursday. A biazarre reaction? In regards to what?

Am I making poor decisions/drinking too much? No, I was helping my roommate with his groceries and he happened to pick himself up a case of beer. No I don't consider my roommate an idiot who is trying to get me in trouble, he just wanted some help to get his groceries from our parking lot to our apartment. It was more or less a case of 3 cops trying to wield the long dick of the law.

Yes, I'm aware that you cannot drink in public, these were closed and in a grocery bag. In california it is an automatic DL suspension for a year.