MIP Reduction?

[wanggg650]

My question involves criminal law for the state of California.

I've been charged with an MIP as a misdemeanor. And the story goes... 3 friends and myself were in Berkeley one night (one of us, lets say Friend #1 has in her possession a bottle of vodka) when we are surprised by two police officers. Keep in mind that none of us have been drinking yet. Cop #1 proceeds to inform us that if the one who owns the bottle owns up to it, only one person will get the MIP and the rest will only receive an infraction. Friend #1 admits to the bottle, however both the two of us were written up for the misdemeanor and Friends #2 and #3 receive infractions. I had not even touched the bottle, I was only standing next to Friend #1.

On the physical citation, the only thing we were cited for was the one bottle of vodka. (I'm thinking: how can two people both be in possession of one item?)

My question is, how likely is it that I will be able to get the charge reduced from a misdemeanor to an infraction? It's my first offense and I have no record. (Friend #1 has said that if I were to try to fight it, she is absolutely willing to claim the one bottle as hers and only hers. And how should I go about the process?

Thanks!

 

[CdwJava]

What code section was cited?

Most such citations are ultimately handled in traffic court as infractions regardless of what the officer might have cited them as.

Remember that possession is about dominion and control and NOT about ownership. The state would have to show that you had the ability to exercise dominion and control over the bottle. Whether they can do that or not is something i can't say.