What is the name of your state (only U.S. law)? California
My friends and I were drinking in a parking lot in my parked car, which was off, and were going to head to a nearby club. Cops showed up as we were getting out and asked us what we were doing etc. while shining their flashlights in the car. They asked if we had alcohol and could've easily seen it in the front seat, and we didn't want to lie to them, so I told them that there was a bottle of alcohol in the car. They asked whose it was and my friend claimed it was hers. We were really polite to the officers and they were polite to us too; they didn't breathalyze us either. Two of us got MIPs, the other didn't. I'm assuming my friend and I got the MIPs because the alcohol was hers and the car is mine. However on my citation, it says minor in possession of alcohol (code 25662 (a) BP), and at the bottom it says "violater observed with alcohol while seated in parked car," no other codes are written down. Neither officer took down my registration information/plates for the car, just my ID number and such. Also, the citation was cited as a misdemeanor and it is my one and only brush with the law. QUESTION: although it isn't written down that I received an open container violation, will I still get one because the citation says it happened in a parked car. And is it worth it to not get a lawyer, plead not guilty, most likely end up with the typical punishment of fine, suspended license, and misdemeanor, OR should I spend the massive amount of money to get a lawyer to lower the crime to something to a lesser degree?
PS: I spoke to an attorney and they said that Los Angeles does not have a diversion program, even for 1st time offenders. Is this true?
My friends and I were drinking in a parking lot in my parked car, which was off, and were going to head to a nearby club. Cops showed up as we were getting out and asked us what we were doing etc. while shining their flashlights in the car. They asked if we had alcohol and could've easily seen it in the front seat, and we didn't want to lie to them, so I told them that there was a bottle of alcohol in the car. They asked whose it was and my friend claimed it was hers. We were really polite to the officers and they were polite to us too; they didn't breathalyze us either. Two of us got MIPs, the other didn't. I'm assuming my friend and I got the MIPs because the alcohol was hers and the car is mine. However on my citation, it says minor in possession of alcohol (code 25662 (a) BP), and at the bottom it says "violater observed with alcohol while seated in parked car," no other codes are written down. Neither officer took down my registration information/plates for the car, just my ID number and such. Also, the citation was cited as a misdemeanor and it is my one and only brush with the law. QUESTION: although it isn't written down that I received an open container violation, will I still get one because the citation says it happened in a parked car. And is it worth it to not get a lawyer, plead not guilty, most likely end up with the typical punishment of fine, suspended license, and misdemeanor, OR should I spend the massive amount of money to get a lawyer to lower the crime to something to a lesser degree?
PS: I spoke to an attorney and they said that Los Angeles does not have a diversion program, even for 1st time offenders. Is this true?