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MIP of alcohol/possible open container

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a_wagner

Junior Member
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?
 


sandyclaus

Senior Member
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?
You were in the care and control of the vehicle, so the fact that the alcohol was IN the vehicle makes you responsible for it (I'm almost positive). Since you WERE a minor illegally in possession of the alcohol, and you do not have a valid defense, you will receive the typical punishment (of which you are already aware). I seriously doubt that even with the assistance of an attorney, you would be unlikely to receive a lesser sentence since you did indeed violate that particular law.

And you would be correct, in that Los Angeles DOES NOT have a diversion program for this type of offense.
 

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