don't you need possession for possession?

[sullyer]

What is the name of your state (only U.S. law)? CA

Don't you need to be in possession of alcohol to be charged with MIP? I got a 25662. I didn't admit to drinking, cop said he could smell it on my breath. There were 4 of us, we were kinda making fun of it all. Then cop says he saw me throwing a bottle away and gave me mip. He only said this after he got annoyed with us being smart. I don't think he saw ****. Maybe he heard something.

I didn't see him go digging around for any bottles. Wouldn't he want some evidence? Or to see if it was alcohol at all? Can you get a 25662 for drinking underage?

Did he mess up? He looked like he was 12. I think he was a rookie. Can he change anything later?

And I'm 17.

[cyjeff]

First ... anytime you make fun of a cop, somebody is getting a ticket.

Second... where were you?

Third .... did you throw a bottle in the bushes or was that a wild guess?

Fourth... when you told your parents, what did they say?

[CdwJava]

Originally Posted by sullyer

Don't you need to be in possession of alcohol to be charged with MIP? I got a 25662. I didn't admit to drinking, cop said he could smell it on my breath. There were 4 of us, we were kinda making fun of it all. Then cop says he saw me throwing a bottle away and gave me mip. He only said this after he got annoyed with us being smart. I don't think he saw ****. Maybe he heard something.

Well, you had alcohol on your breath, he heard or saw you toss something, so he concluded that at some point you had to have had possession. You are free to argue at your trial that you had not been drinking and the officer really did not smell anything.

Some counties in the state still prosecute for what we used to refer to as "internal" possession. Most do not, but some still do.

Ultimately, the state will have to prove its case to a judge. The officer will have his say, you will have yours. Chances are the court will believe the officer unless he is inarticulate. In that case, your license can be suspended and you will likely have to do some community service and pay a small fine and/or do some alcohol counseling.

I didn't see him go digging around for any bottles. Wouldn't he want some evidence? Or to see if it was alcohol at all? Can you get a 25662 for drinking underage?

Ideally, yes ... and as I mentioned above, in some counties you can get a 25662 for having consumed it. After all, is it not proof that you DID possess some alcohol?


- Carl

[sullyer]

Originally Posted by cyjeff

Second... where were you?

You mean like on the street? Or where in ca?
We were on the street, walking up to some shops, being noisy I guess is why he came over to us from whatever it was he was doing. He was by the shops. Which is why I don't think he saw anything.

Originally Posted by cyjeff

Third .... did you throw a bottle in the bushes or was that a wild guess?

I don't throw bottles in the bushes (although if we had maybe he wouldn't have heard it!). Have a little respect for nature. There was a trash can. (someone threw a bottle) He never went and looked in the trash can while we were there.

Did I throw the bottle? Can I split my response into
Answer 1: No
Answer 2: Yes
Answer 3: Yes but it wasn't alcohol.

He can't prove answers 1 and 3 can he? Unless he waited until we left to go dumpster diving.

Originally Posted by cyjeff

Fourth... when you told your parents, what did they say?

"That was a good idea".

[sullyer]

Originally Posted by CdwJava

Well, you had alcohol on your breath, he heard or saw you toss something, so he concluded that at some point you had to have had possession.

Really, he can just assume you've had possession at some time? It seems like he doesn't have any evidence and he should have had a breathalyzer or something. And he heard 'someone' toss 'something'. He just put it on me because I annoyed him at the wrong moment.

Originally Posted by CdwJava

The officer will have his say, you will have yours. Chances are the court will believe the officer unless he is inarticulate.

There's 4 of us...

Originally Posted by CdwJava

In that case, your license can be suspended and you will likely have to do some community service and pay a small fine and/or do some alcohol counseling.

License?? **** that. How small is a 'small fine'?

Originally Posted by CdwJava

Ideally, yes ... and as I mentioned above, in some counties you can get a 25662 for having consumed it. After all, is it not proof that you DID possess some alcohol?

Is there a list anywhere of counties that do the internal possession/consume thing? I would of thought that possession meant you were caught in possession. Not of something you might of done somewhere else at some other time. What about someone who's stoned - do they get possession of marijuana if they don't have any? I'm not saying that's me, but I know what shops to avoid if I ever was and got the munchies.

[cyjeff]

Make sure you use that tone when you are in front of the judge.

Don't forget to tell him that you won't pay a fine or lose your license.

Judges love it when children tell him what they will and won't do.

Have a nice time.

[sullyer]

awww come on.

Originally Posted by cyjeff

Make sure you use that tone when you are in front of the judge.

What'd I say? What tone?

Originally Posted by cyjeff

Don't forget to tell him that you won't pay a fine or lose your license.

I didn't say I wouldn't do either. I like my license. That's why I said **** that.

[sullyer]

Originally Posted by cyjeff

Make sure you use that tone when you are in front of the judge.

Don't forget to tell him that you won't pay a fine or lose your license.

Judges love it when children tell him what they will and won't do.

Have a nice time.

Can I have another go, cyjeff? I'm sorry if I was out of line. I have a mouth on me, like you noticed.

Yes, I'd had a couple of beers. No, I didn't throw the bottle in the trash can. (truth)

My friend threw it in. Cop gave me the MIP because I got smart after he told us to stop. He was obviously making an example of me. Yip my friends mostly shut up then.

My friend, alcohol goes to his head a bit quicker and he was too busy trying not to laugh to say it had been his bottle and I wasn't going to say it either. None of us were falling over drunk which I guess is why he didn't take it further, we'd only had a couple each.

If I say that in court is my friend going to get MIP aswell? Can they still ticket him later? He just turned 18 so he'd get that in his record right?

If all the cop says is that he thinks he could smell alcohol on my breath then is that all a judge needs for MIP?

[sullyer]

Originally Posted by cyjeff

Have a nice time.

It turns out I have had a nice time. I guess they decided that rookie cop was getting a little bit excited and charging people without any proof.
They dropped it. No charges for anyone. License good. Wooot.

Drink to that yo.

[IsabellaSoriano]

Originally Posted by sullyer

It turns out I have had a nice time. I guess they decided that rookie cop was getting a little bit excited and charging people without any proof.
They dropped it. No charges for anyone. License good. Wooot.

Drink to that yo.

how about a glass of milk?

[sullyer]

Originally Posted by IsabellaSoriano

how about a glass of milk?

So.....Bailey's?

[CdwJava]

You got lucky and the hand of providence shined upon you. Instead of taking that as a warning, it sounds as if you are going forward with the inebriated life. Hopefully, you only harm yourself. Sadly, that is not always the case.

- Carl

[sullyer]

Originally Posted by CdwJava

Instead of taking that as a warning, it sounds as if you are going forward with the inebriated life.

'inebriated life'. Yeah, nice one. Little bit dramatic there.

I'll take the warning about not being smart to a cop, that just caused trouble. But if they want to give me MIP they're going to have to actually catch me and my inebriated life...

[dave33]

You will have to wait to see the police report. It is likely that his account of the situation will differ from yours.

[The Occultist]

Originally Posted by sullyer

'inebriated life'. Yeah, nice one. Little bit dramatic there.

I'll take the warning about not being smart to a cop, that just caused trouble. But if they want to give me MIP they're going to have to actually catch me and my inebriated life...

Do whatever you want; just go away, please.