• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Very Contravercial-MIP

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

austinc

Junior Member
What is the name of your state? CALIFORNIA

Me and some friends are at a party in San Mateo. Drinkin was goin on, beer pong, the usual weekend. Cops from San Mateo come and we proceed to our cars to laeve. He says "whys the party over"-officer, and we said because your here. He said you can continue to party and play beer pong cuase a parent was supervising us. He very well knew we wern't 21 but allowed us to drink illegally. A hour later he comes back and says i was fine with it but i got a complaint for noise, the 3rd of the night everyone gotta go. I walk by with beer he sees beer in my hands i talked to him with it in my hands. We proceed to walk to a friends house 2 blocks away instead of driving with someone who had drinking. The friends house is in Belmont, about a block or so from the girls house.( the party was on the border of San Mateo and Belmont) A belmont cop pulls us over a few blocks into belmont and give me a MIP for having one beer on me. IS THIS FAIR? I HAD CONSENT BY A POLICE OFFICER TO DRINK AND LEAVE WITH THE BEER. CAN I FIGHT THIS? ANY ADVICE?
 


sunshinegirl2

Junior Member
What is the name of your state? CALIFORNIA

Me and some friends are at a party in San Mateo. Drinkin was goin on, beer pong, the usual weekend. Cops from San Mateo come and we proceed to our cars to laeve. He says "whys the party over"-officer, and we said because your here. He said you can continue to party and play beer pong cuase a parent was supervising us. He very well knew we wern't 21 but allowed us to drink illegally. A hour later he comes back and says i was fine with it but i got a complaint for noise, the 3rd of the night everyone gotta go. I walk by with beer he sees beer in my hands i talked to him with it in my hands. We proceed to walk to a friends house 2 blocks away instead of driving with someone who had drinking. The friends house is in Belmont, about a block or so from the girls house.( the party was on the border of San Mateo and Belmont) A belmont cop pulls us over a few blocks into belmont and give me a MIP for having one beer on me. IS THIS FAIR? I HAD CONSENT BY A POLICE OFFICER TO DRINK AND LEAVE WITH THE BEER. CAN I FIGHT THIS? ANY ADVICE?

It sounds to me like the cop was just trying to avoid extra paperwork...maybe the end of his shift...it also sounds to me like you pushed your luck a little too far...sorry to hear of your dilemna
 

austinc

Junior Member
While it may have been reasonable for Officer #1 to exercise his discretion not to cite you for underage drinking, he can not give you "permission" or "consent" to break the law.

Officer #2 was well within his rights to cite you.

If you want to fight it, go ahead and fight it... but not on that basis.
he actually said we could drink and continue to party not satin imma give u a break or anything but continue ur party
 

>Charlotte<

Lurker
You can go around with this as many times as you want, AustinC, but it comes back around to the same thing: you broke the law, you got caught, you got cited. You're not getting out of it by saying the first cop gave you direct or indirect permission. Forget it.
 

CdwJava

Senior Member
Being underage and in possession of alcohol on private property is not always a crime. Plus, as has been said, he does NOT have to enforce the law even if you were violating it.

Being under 21 and in posseesion of an open container is a violation of the law and you CAN be cited for it (and even arrested in some instances). The Belmont officer did nothing wrong.

-Carl
 

stealth2

Under the Radar Member
An unsolicited suggestion - lay off the booze and stay in school. You really could use it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top