MIP for Designated Driver

[shig]

What is the name of your state? California

I'm 17 years old and last night I got into a car crash. No one was injured and neither car was totaled. To start matters off the reason the crash happened was because I was making a uturn and the girl behind me tried to speed around me and hit my car. Unfortunatly, despite the fact that there are no signs indicating such, the uturn was illegal so according to the cop the accident was automatically my fault even though she hit me.

So my night was already turning out wonderful and then a cop comes walking over to me with two bottles of alcohol from behind a dumpster. That night i was the designated driver and when the crash occured, we stashed the alcohol that was in the car away so that it wouldn't be a factor in the accident. Well the girl who hit me informed the cop about this and now I am faced with a MIP 23224. They breathilzed me and I came out 0.000% and I informed the cop that I was the designated driver. He still wrote me up and now it seems like its impossible for me to argue the case that it was the other girls fault for hitting me, and on top of this i have to deal with this MIP.

What should I do? I thought I was being responsible by being a designated driver. what can expect to happen as far as punishment goes? And the cop said something about two a dmv hearing and also a probationary hearing, so there could be possibly two seperate outcomes to this case. And lastly the hearing that is on the ticket isn't until march, what am i supposed to do until then? I still have my license but is is suspended?

 

[seniorjudge]

"...we stashed the alcohol..."

This means you were in possession of the drug and, if you are a minor, then you are guilty of minor in possession.

Ask for a pre-trial diversion, but don't expect too much since tampering with evidence is frowned upon by most prosecutors.

 

[rmet4nzkx]

I'm sure Carl will give you a very detailed explaination.
At 17 in California, there are a number of driving restrictions, in addition to the regular vehicle code and other laws. One of the reasons for these restrictions is that inexperienced drivers are easily distracted and may not remember all the applicible rules of the road, such as when you can and can not make a u turn when it is not posted. Even being a designated driver, unless you were attending a function such as a family dinner where wine might normally be served even to minors of certain traditions, would indicate your intent to participate in illegal activities such as underage drinking.

How old were the passengers and how many, where had you/they been drinking, what time of night? Even if the passengers were allowed under the provisional license, their impairment may also be a factor. Did they alone exit the car to stash the bottles? It is good that you had a BAC of 0.000 and you may have some defense. Please list all the citations? You may have gotten off with less.

It is illegal in California to have open alcohol containers in the driver/passenger portion of a vehicle, no matter your age, that is why your friends stashed the bottles, which was a bad move in and of it's self and an admission of guilt and/or obstruction of justice.

Had the containers been unopened they could have been in the vehicle and if opened, in the trunk or storage of the vehicle.

Let this be a lesson, also, please don't drink alcohol or take any substance that may impair you. Don't drive impaired or drive with anyone who is. Be careful who your friends are and what they do and never be afraid to say no or ask for help. Tell the truth and get an attorney.

 

[HomeGuru]

What is the name of your state? California

I'm 17 years old and last night I got into a car crash. No one was injured and neither car was totaled. To start matters off the reason the crash happened was because I was making a uturn and the girl behind me tried to speed around me and hit my car. Unfortunatly, despite the fact that there are no signs indicating such, the uturn was illegal so according to the cop the accident was automatically my fault even though she hit me.

So my night was already turning out wonderful and then a cop comes walking over to me with two bottles of alcohol from behind a dumpster. That night i was the designated driver and when the crash occured, we stashed the alcohol that was in the car away so that it wouldn't be a factor in the accident. Well the girl who hit me informed the cop about this and now I am faced with a MIP 23224. They breathilzed me and I came out 0.000% and I informed the cop that I was the designated driver. He still wrote me up and now it seems like its impossible for me to argue the case that it was the other girls fault for hitting me, and on top of this i have to deal with this MIP.

What should I do? I thought I was being responsible by being a designated driver. what can expect to happen as far as punishment goes? And the cop said something about two a dmv hearing and also a probationary hearing, so there could be possibly two seperate outcomes to this case. And lastly the hearing that is on the ticket isn't until march, what am i supposed to do until then? I still have my license but is is suspended?

**A: you need to be catching the bus or arranging car pools from now until March.
And yes, your license is suspended. Keep it up and we will suspend it even longer.

 

[shig]

Ok, so my license IS currently suspended? The officer didn't tell me or my parents this and he gave my license back to me so this is the first I've heard of this. It's very important for me to know this because I need to get to my work and back in order to pay off all of expenses of the accident, because I simply don't have the money to pay the deductable right now and neither do my parents.

 

[CdwJava]

I'm 17 years old and last night I got into a car crash. No one was injured and neither car was totaled. To start matters off the reason the crash happened was because I was making a uturn and the girl behind me tried to speed around me and hit my car. Unfortunatly, despite the fact that there are no signs indicating such, the uturn was illegal so according to the cop the accident was automatically my fault even though she hit me.

Making a U-Turn in many places is illegal - even without a sign. They aren't going to post signs every block in every city telling you how to drive and where to turn.

Depending on where you made the turn, or how you conducted it, it was probably illegal as the officer said.

So my night was already turning out wonderful and then a cop comes walking over to me with two bottles of alcohol from behind a dumpster. That night i was the designated driver and when the crash occured, we stashed the alcohol that was in the car away so that it wouldn't be a factor in the accident.

"Designated driver"??? You (and almost certainly, your friends) are too young to legally be drinking! So ... duh! Heck, if they wanted to, they could have charged you with other crimes ... maybe even Conspiracy (a felony in CA).

Well the girl who hit me informed the cop about this and now I am faced with a MIP 23224.

Sounds about right.

They breathilzed me and I came out 0.000% and I informed the cop that I was the designated driver.

Irrelevent since the section says: "No person under the age of 21 years shall knowingly drive any motor vehicle carrying any alcoholic beverage ..."

He still wrote me up and now it seems like its impossible for me to argue the case that it was the other girls fault for hitting me, and on top of this i have to deal with this MIP.

They are seperate issues and can both be argued seperately.

Were you cited or charged criminally with the collision? Or just the MIP? Generally, the collision will be a civil matter for the insurance companies, and they don't view fault through the eyes of the Vehicle Code, but through their own sense of logic and reason ... such as it is at times.

What should I do? I thought I was being responsible by being a designated driver.

You can wait til you're 21 to be a designated driver. Until then, you only further the crimes. Heck, you're lucky you didn't get charged with other crimes!

what can expect to happen as far as punishment goes?

A maximum of 6 months in jail (or Juvenile Hall) and/or a $1,000 fine. Most likely you will get probation, a fine, and alcohol counseling.

And the cop said something about two a dmv hearing and also a probationary hearing, so there could be possibly two seperate outcomes to this case.

Yep. The DMV may move to suspend your license if it is Provisional.

And lastly the hearing that is on the ticket isn't until march, what am i supposed to do until then? I still have my license but is is suspended?

Unless the officer gave you a green or blue form that said "Admin Per Se" at the top (and I doubt it, or you'd be facing more than the CVC 23224 charge), then your license is probably good for the moment ... at least until you are notified of the suspension.


- Carl