Minor in Possession of Alcohol – CPC 25662
According to California’s Business and Professions Code Section 25662, minors under the age of 21 cannot possess alcohol in a public place. Otherwise referred to as a MIP, or minor in possession, a Los Angeles criminal lawyer will tell you that a MIP can have severe consequences, including the suspension of your California driver’s license.
Prosecutor’s Burden
The prosecutor in your case has to prove several elements to successfully convict you of a MIP. For example, the prosecutor must establish that you were under the age of 21 at the time that you were cited. In addition, a Los Angeles criminal lawyer will explain to you that it is necessary for you to actually possess the alcohol to be convicted of a MIP. Possession means that you personally or constructively, by yourself or with another person, possessed the alcohol. Examples of possession include holding the alcohol in your hand or placing a beverage down around you but still retaining control over the beverage. The prosecutor must also prove that the beverage contained at least one half of a percent of alcohol and that you were in a public place at the time.
Penalties for an MIP
Violation of Business and Professions Code Section 25662 is a misdemeanor and carries with it a penalty of community service and a possible fine. However, if you are convicted of a MIP in California, your driver’s license may be suspended for one year according to California Vehicle Code Section 13202.5. If you have not obtained a driver’s license at the time you are convicted of a MIP, your opportunity to obtain a California driver’s license can be delayed for a year.
Available Defenses
The defenses available to you will depend on the circumstances surrounding your case. For example, a Los Angeles criminal lawyer may recommend challenging the method in which the officer determined the beverage contained alcohol. If you possessed an unlabeled mixed drink, the officer may have used one of several devices to determine the alcohol content, and the officer may have used the device improperly. In addition, if you were merely delivering the alcohol from a parent or guardian and only possessed the alcohol for that limited purpose, you may be able to assert this defense in your case.
Being a minor in possession of alcohol may seem like youthful indiscretion, but you shouldn’t let it tarnish your clean record at such a young age. You need an experienced Los Angeles minor in possession lawyer on your side to fight the charge. Therefore, contact Daniel Cota today to discuss your case and whether any defenses exist in your situation. Call (800) 351-6860 today to set up an appointment.