loopholes for MIP?

What is the name of your state?undefinedWhat is the name of your state? CA

i have a court date coming up 10/22/04 in San Diego, CA.
i plead not-guilty to an MIP alcohol charge at my preliminary hearing 9/1/04.

i recieved the citation on the beach 7/3/04.
the officer saw me holding a can of beer from 40 feet away, while she was IDing someone and ten mintues later she came up to me.
i was at this time drinking gatorade and had been drinking gatorade the whole time, even when i was holding the beer momentarily.
she told me "i saw you holdling a beer before, i'm giving you a citation"

i cannot afford to have a suspended license for a year, i've got a sick mother who lives 500 miles north. and i work 50 hours a week. i'm also taking classes.
so if anyone knows of any loopholes or links i would be appreciative.

[racer72]

10 loopholes for getting out of a MIP:

10. You have a regenative disease and are becoming younger by the moment. You were legal when you were holding the beer.

9. You accidently showed your fake ID.

8. The beer can was empty, you already guzzled it.

7. You just made a substantial donation to the judge's reelection campaign.

6. Your honor, it was Budweiser, thats not real beer.

5. Your evil twin brother was in town.

4. You were doing your part to control litter and you can't believe people that leave half full cans of beer sitting around.

3. You were actually cruising for a hooker and thought a beer would make you look older. You can get in trouble for boinking underage whores.

2. Your dyslexic and thought the drinking age was 12.

And the number 1 loophole: Your are a channeler for a 8th century god named Morgolic and he wanted a cold beer. 1300 years is a long time to go without a drink.

[CdwJava]

Originally Posted by Carrie******

i have a court date coming up 10/22/04 in San Diego, CA.
i plead not-guilty to an MIP alcohol charge at my preliminary hearing 9/1/04.

Then you had best come up with a defense soon.

i recieved the citation on the beach 7/3/04.
the officer saw me holding a can of beer from 40 feet away, while she was IDing someone and ten mintues later she came up to me.

Having done this before IN San Diego, let me tell you that the beaches in the area are 'free fire zones' for MIP and related citations. And it does not take a great deal of experience to be able to differentiate between a bottle (or a can) of beer at 40' and a can of coke. That's why the experienced kids of SDSU use Burger King cups!

i was at this time drinking gatorade and had been drinking gatorade the whole time, even when i was holding the beer momentarily.

When you were "holding" the beer, you were in possession. Oops.

she told me "i saw you holdling a beer before, i'm giving you a citation"

And she was right.

i cannot afford to have a suspended license for a year, i've got a sick mother who lives 500 miles north. and i work 50 hours a week. i'm also taking classes.

And do you have to walk to school in the snow and uphill ... both ways? (Sorry .. couldn't resist) Realistically, you are not seeing your mother all that much with a 50-hour work week AND classes (presumably college classes). So that argument won't do very well ... and there are plenty of busses all over San Diego.

You probably won't lose your license if this is the first time out, but you never know.

What section were you cited under? If it was a Municipal Code you are probably not going to see this reflected on your license. If it was a Business and Professions Code violation (likely B&P 25662) then it might have an effect on your license.

Sorry, no magic pill here. If the officer doesn't show, you can breathe easy. If she does ... it'll be your word against hers - and you'll have to lie to win. And most people just do not lie that well.

- Carl

Were you standing all by yourself? Tell the judge and who ever were with you , It DIDN'T happen. The cop was mistaken