MIP in my dad's car

[movingtoeurope]

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

I was stopped by police the other day, when questioning me they noticed an open beer can on the floor of the car i was driving, they asked me to step out handcuffed me and began searching my car after i told them i don't consent to any searches, they said because they saw the container and i'm a minor they didnt need permission even though the car is my dads. they searched the car and found two more unopened beers and a case of empty beer bottles from a party my parents threw the previous night. After breathalyzing me i turned up with all zeroes and i told them all the beer and bottles belonged to my dad not me. They charged me with an MIP anyways and let me go right then and there to go home. preferred someone with california law experience answer this one, but what are my possible defenses? and if there are non should i just plea guilty and what's the worst penalty/fine they could slap me with and what are ways to lessen this punishment. i really don't want to get in trouble for something i didnt even do. my dads name not mine is on the title registration and insurance of the vehicle

 

[Zigner]

You were driving with the open container and the other alcohol. This is something you did. You may wish to speak with an attorney. Mom and dad should be happy to pay for it because it was their stuff, right?

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

I was stopped by police the other day, when questioning me they noticed an open beer can on the floor of the car i was driving, they asked me to step out handcuffed me and began searching my car after i told them i don't consent to any searches, they said because they saw the container and i'm a minor they didnt need permission even though the car is my dads. they searched the car and found two more unopened beers and a case of empty beer bottles from a party my parents threw the previous night. After breathalyzing me i turned up with all zeroes and i told them all the beer and bottles belonged to my dad not me. They charged me with an MIP anyways and let me go right then and there to go home. preferred someone with california law experience answer this one, but what are my possible defenses? and if there are non should i just plea guilty and what's the worst penalty/fine they could slap me with and what are ways to lessen this punishment. i really don't want to get in trouble for something i didnt even do. my dads name not mine is on the title registration and insurance of the vehicle

 

[movingtoeurope]

You were driving with the open container and the other alcohol. This is something you did. You may wish to speak with an attorney. Mom and dad should be happy to pay for it because it was their stuff, right?

no i wasnt driving i was parked and the keys were not in the ignition, oh and im above the age of 18 too i forgot to mention, i'm not sure if that helps with the whole search thing or anything and he didnt ask for any of the car papers before searching either

 

[Zigner]

I was stopped by police the other day, when questioning me they noticed an open beer can on the floor of the car i was driving...

no i wasnt driving i was parked and the keys were not in the ignition...

So, which post are you lying in?

 

[movingtoeurope]

So, which post are you lying in?

apologies, not lying poor word choice, i was parked the keys were not in the ignition, i guess what i meant by being stopped by them should have been worded more they pulled up to me while i was on the phone with my mom.

 

[Zigner]

apologies, not lying poor word choice, i was parked the keys were not in the ignition, i guess what i meant by being stopped by them should have been worded more they pulled up to me while i was on the phone with my mom.

Sounds like they cut you a break. You COULD have gotten the open container charge.

 

[movingtoeurope]

Sounds like they cut you a break. You COULD have gotten the open container charge.

yes the officers were quite nice to me and i appreciated that, i'm not trying to step on any toes just trying to understand my situation, i read online pretty much everywhere that since i am a first time offender the fine will be around $250 dollars with 24-36 hours of community service and a one year suspension of my drivers license but i have been told the drivers license suspension can be cleared if i take the MIP class suggested by the court, however when i talk to other freinds of mine with MIP's they tell me for first time they were given a 600 dollar fine, i would like to know what i might expect and how to lessen any fines and fees, it was an honest mistake by my parents and myself i wasnt even supposed to have that car that night because mine was in the shop and we had all forgotten those things were in there, so any suggestions or advice or warnings about what to expect from the court is appreciated

 

[Zigner]

yes the officers were quite nice to me and i appreciated that, i'm not trying to step on any toes just trying to understand my situation, i read online pretty much everywhere that since i am a first time offender the fine will be around $250 dollars with 24-36 hours of community service and a one year suspension of my drivers license but i have been told the drivers license suspension can be cleared if i take the MIP class suggested by the court, however when i talk to other freinds of mine with MIP's they tell me for first time they were given a 600 dollar fine, i would like to know what i might expect and how to lessen any fines and fees, it was an honest mistake by my parents and myself i wasnt even supposed to have that car that night because mine was in the shop and we had all forgotten those things were in there, so any suggestions or advice or warnings about what to expect from the court is appreciated

California has "assessments" on top of the fine that are easily double the amount of the fine. So, a $250 fine actually costing $600 doesn't sound that far out of line.

 

[movingtoeurope]

California has "assessments" on top of the fine that are easily double the amount of the fine. So, a $250 fine actually costing $600 doesn't sound that far out of line.

ah yes i see and there is no way around those at all? no paperwork or anything for me to fill out or classes i can take before the court date? and also so there is pretty much no case for me? i'm pretty much guilty?

 

[stealth2]

it was an honest mistake by my parents and myself i wasnt even supposed to have that car that night because mine was in the shop and we had all forgotten those things were in there

LOL The party was the night before, and everyone "forgot" the empties were in the car? Especially the open container in the car itself?

Regardless, your parents should help you pay for a lawyer, since it was all their stuff.

And no, your being 18 makes no difference - you are still under age to possess alcohol.

 

[Just Blue]

ah yes i see and there is no way around those at all? no paperwork or anything for me to fill out or classes i can take before the court date? and also so there is pretty much no case for me? i'm pretty much guilty?

Based on what you have posted...Yep seems that you are guilty and likely not "movingtoEurope" soon.