Racing, MIP, Driving w/ open cont, delinquency

[octahedron]

So about a month a ago i was taking my gf, a minor, and 3 of her friends also minors home from a party. I'm 20, So the cops pull me over while im driving them home for racing (there was another car speeding past me but i was driving relatively fast and had no intention of racing). The cops searched the car and found alc (i had no idea it was in the car or open) Cops let my gf and her friends go home with curfew tickets and i am stuck with racing, MIP of alc, driving with open container and contributing to delinquency of minors. The cops stuck me in the police car(not arrested) for an hour and a half without telling me that mip and driving with open container charges were going against me plus delinquency charge

I picked her up from the party because she was drunk and i had no idea she was drinking until i got to the house. Her friends snuck alc into my car which i never allow in my car. It was open so i got screwed over for that too.

Am i at fault for the mip or driving with open container even though i had no idea it was in the car?


Im also wondering what the penalties for each charge are and how they might affect each other to increase the penalty like if racing, mip and driving with open container affect the delinquency charge?

I understand that the delinquency charge is a somewhat serious offense.

I also have no other charges pending against me or a criminal record and i dont know how that will affect the sentencing

My courtdate is August 21

 

[FlyingRon]

Nobody here can help you unless you tell us what state this happened in.

 

[octahedron]

oh yeah california i live in orange county

 

[CdwJava]

So about a month a ago i was taking my gf, a minor, and 3 of her friends also minors home from a party. I'm 20, So the cops pull me over while im driving them home for racing (there was another car speeding past me but i was driving relatively fast and had no intention of racing).

So the stop was good whether it be for speeding or speed contest, correct?

The cops searched the car and found alc (i had no idea it was in the car or open)

Why did the police search the car? Did you give consent? Was there some other reason they gave?

Cops let my gf and her friends go home with curfew tickets and i am stuck with racing, MIP of alc, driving with open container and contributing to delinquency of minors. The cops stuck me in the police car(not arrested) for an hour and a half without telling me that mip and driving with open container charges were going against me plus delinquency charge

Okay, so they detained you in the car for a long time. That sucks, but it's not outside the law. And I'm wondering if it truly was an hour and a half ... what were they doing in that time frame? Were you eventually released with a citation or booked into county jail on the misdemeanors?

How old is your girlfriend and her friends? If she was getting drunk, perhaps her parents should have been informed?

I picked her up from the party because she was drunk and i had no idea she was drinking until i got to the house. Her friends snuck alc into my car which i never allow in my car. It was open so i got screwed over for that too.

You can certainly raise that at trial to help establish reasonable doubt. If you are REAL lucky, the girls will come to court and confess they brought it in to your car without your knowledge. The court might not buy it, but, maybe.

Am i at fault for the mip or driving with open container even though i had no idea it was in the car?

APparently that is what the police will allege. So, it will be up to you to help establish reasonable doubt at trial.

Im also wondering what the penalties for each charge are and how they might affect each other to increase the penalty like if racing, mip and driving with open container affect the delinquency charge?

What are the code sections for which you have been booked and/or cited?


- Carl

 

[octahedron]

1. the stop was good for speeding even tho they allege it was for racing

2. when the police stopped me, 1 cop was taking down my information and the other was on the passenger side looking through the windows down towards the floor. The cop on the passenger side asked to see what was on the floor of the car where he found 1 open bottle. They then took all of us out and searched us. Then stuck me in the car alone and asked if they could search the car. Since i did not know about the alc, i knew there was nothing of mine in the car that was illegal and then they searched and found another bottle open in the trunk which i did not know about.

3. I was looking at the recording of our stop while in the police car i was detained in the cop car for 1 hour 32min without any knowledge of what was going on outside the car with my gf and her friends. I was released with citation.

My gf and her friends were picked up by their parents and all received curfew tickets. and they are all under 18 and my gf has already completed pryde and jade for MIP

4+5. if the girls come to my trial and confess that they brought in the alc without my knowledge will they be cited for MIP


6. Racing: CVC 23109 (a)
Driving w/ open cont: CVC 23224 (a)
Contributing to delinquency of Minors: CPC 272
MIP: BPC 25662 (a)

 

[CdwJava]

Since i did not know about the alc, i knew there was nothing of mine in the car that was illegal and then they searched and found another bottle open in the trunk which i did not know about.

An open bottle in the trunk? Is this car yours and yours alone? If it is, your pretty much done with that. Or, if it was in something that belonged to you. But, if this car belongs to another family member or a friend, there may be reasonable doubt as to possession of the alcohol unless someone admitted to it when it was found.

3. I was looking at the recording of our stop while in the police car i was detained in the cop car for 1 hour 32min without any knowledge of what was going on outside the car with my gf and her friends. I was released with citation.

That would be an awfully long time for a stop, search, and citation, but not unlawful or improper on its face.

My gf and her friends were picked up by their parents and all received curfew tickets. and they are all under 18 and my gf has already completed pryde and jade for MIP

So, she knew better and went out and got tanked anyway. Great.

Of course, I didn't ask if she was under 18, I asked about her age. You are 20 ... she is, how old?

4+5. if the girls come to my trial and confess that they brought in the alc without my knowledge will they be cited for MIP

It is possible the state will charge them for the possession, sure.

You might consider having your attorney ask for a plea to the alcohol in exchange for dropping the contributing and racing charges. It is also possible that the court will impose a protective order preventing all future contact from the children involved.

- Carl

 

[octahedron]

1. car is my parents but im the only who uses it so i know its not theirs or mine. Apparently all the girls admitted that the alc was theirs but pleaded with the officers to not get MIP, so i got stuck with it.... bitch move if you ask me...

2. Apparently, they had to get all the girls' information and asked all their stories about what they were going to do later on in the night. Since i was taking all of them home, they all said they were on their way home so they wouldnt get in trouble with their parents for curfew, which is a bust for them for getting curfew tickets anyways. They never asked me my story or anything about the other car that i was allegedly racing. they just gave me the citation for everything without explanation. and overall i was held in the cop car 1 hr 32min i didnt know i was getting any of the alc charges until all the girls were picked up and then i was taken out of the car and given my citation. the whole ordeal was around 2 hours.

3. She is 17, 18 in december. I am 20 now and i was 19 the night of the citation. The cops asked if her parents were okay with us dating and she said yes. so i cant get in trouble for that.

4. but since im her bf that would prevent us from seeing each other which kind of breaks our relationship up until she turns 18. that kind of defeats the purpose of us dating.... can MIP and driving w/ open cont impose a protective order?

 

[CdwJava]

1. car is my parents but im the only who uses it so i know its not theirs or mine. Apparently all the girls admitted that the alc was theirs but pleaded with the officers to not get MIP, so i got stuck with it.... bitch move if you ask me...

I suspect they also claimed you knew about it, otherwise the offense would not fly against you. If they all take the stand and agree they told the officer you knew nothing about the booze, maybe you can skate.

However, I still think pleading guilty to the alcohol is a far better deal than a pair of more serious misdemeanors for racing and contributing.

and overall i was held in the cop car 1 hr 32min i didnt know i was getting any of the alc charges until all the girls were picked up and then i was taken out of the car and given my citation. the whole ordeal was around 2 hours.

Now I understand what took so long - they had to wait for the parents to arrive. That makes sense, now.

3. She is 17, 18 in december. I am 20 now and i was 19 the night of the citation. The cops asked if her parents were okay with us dating and she said yes. so i cant get in trouble for that.

Yeah you can - hence the PC 272 violation. Even with her parents' permission there are certain things you cannot do, such as allow her to get drunk, have sex, give her cigarettes, etc.

4. but since im her bf that would prevent us from seeing each other which kind of breaks our relationship up until she turns 18. that kind of defeats the purpose of us dating.... can MIP and driving w/ open cont impose a protective order?

The two alcohol violations are not likely to result in a CPO. The contributing to the delinquency charge is the one that could get you the CPO .. .and it could remain in effect for three years - even AFTER she turns 18.

You should consult an attorney to find out what your best plan might be. These charges sound kind of weak, but a lot depends on what the police know or were told. The alcohol and even the contributing charges can be beaten, but the racing may not be. Actually, it doesn't require actual racing, only that you be engaged in some sort of a speed contest where you are trying to zip past the other party. This, too, can be beaten with the correct fact set.

But, mounting a good defense will probably cost you about $3,500 at the low end. So, be prepared to pay a few dollars even if you manage to skate in the end.

- Carl

 

[octahedron]

I admit i was speeding but another car sped past me and at the same time a slower car pulled in front of me forcing me to change lanes quickly, therefore probably causing the police to pull me over for racing. Also the ticket doesnt specify how the speed was tracked by laser or radar therefore i have no idea when the last calibration was of the speed gun and the speed limit is written wrong on the ticket they wrote 40 and the last posted sign i saw was 45. will that help my case at all against the racing? They said i was going 80 but i was going up an incline from a complete stop at a stoplight down the hill maybe 300 yds away

I drive a 12 year old jeep... in 300 yds there is no way i can reach 80 on an incline. maybe 60 if im lucky and am stupid enough to press my gas pedal all the way down, which i wasnt doing.

and i never allowed her or her friends to drink, they did that on their own and then my gf called me to come pick them up cuz they had to be home before their curfew and didnt have a ride.

would it be considered allowing her to drink if i was just giving her a ride home while she was drunk?

 

[CdwJava]

Also the ticket doesnt specify how the speed was tracked by laser or radar therefore i have no idea when the last calibration was of the speed gun and the speed limit is written wrong on the ticket they wrote 40 and the last posted sign i saw was 45. will that help my case at all against the racing?

Specific speed, or even speeding, is not necessary for such a violation.

The violation you were cited for regarding racing is thus ...

23109. (a) A person shall not engage in a motor vehicle speed
contest on a highway. As used in this section, a motor vehicle speed
contest includes a motor vehicle race against another vehicle, a
clock, or other timing device. For purposes of this section, an
event in which the time to cover a prescribed route of more than 20
miles is measured, but where the vehicle does not exceed the speed
limits, is not a speed contest.​

It may well be difficult for the state to show the racing element beyond a reasonable doubt.

And a speed estimate, should they wish to utilize it, is viable though it could be challenged - as could anything.

and i never allowed her or her friends to drink, they did that on their own and then my gf called me to come pick them up cuz they had to be home before their curfew and didnt have a ride.

That's one of the reasons why I think the case is weak. But, again, it depends on what the police know or were told. If they believe that you were somehow involved in concealing their state from their parents, or were involved in providing or aiding them in the possession or consumption, then you can be convicted.

- Carl

 

[octahedron]

yeah thats where i thought it was weak too.

i also i was wondering that since i had them out past curfew in my car, can that be used to convict me for contributing? their parents and i knew that they had to be home at a certain time and the parents knew the girls were in my car.

so if the parents knew that they were in my car would that be contributing, because i was not concealing their state, i was just driving them home?

 

[CdwJava]

i also i was wondering that since i had them out past curfew in my car, can that be used to convict me for contributing?

Yes, it can be. Combine the post curfew time with their inebriated state and you have problems. But, depending on what the officers were told by the girls, what you said, and what the parents said, this may not be an issue in the long run.

- Carl

 

[octahedron]

the only things i said to the officers are

-i think i was going around 60.
-im driving them home so they wont get in trouble with their parents.
-yes you can search my car, im pretty sure there are no illegal substances or paraphernalia in the car.
-i do not know the driver in the other car
- thank you officers have a nice night.


since i was put in the cop car for over an hour and was never told what i was being charged with until the ticket was already written, i was given no chance to show that i did not do any of those things.



is it possible because the officers never asked for a complete story from me that i can get the alcohol related charges and contributing dismissed? even the racing charge too?

 

[CdwJava]

The state has to prove your guilt beyond a reasonable doubt. if they did not get an admission from you then it makes things tougher,. But, they may have gotten statements from the girls.

Until you read the report (which will not likely be available to you until after you are arraigned and have counsel assigned) you do not really know how strong or weak their case is. From what you write, it's weak all around. But, you don't know what they know or believed at the time. It might be that the DA will drop the whole thing.

- Carl

 

[octahedron]

thanks Carl for all your advice it really helped me understand everything