Legal Question in DUI Law in California
Mip
I received an MIP about a month ago (I'm 20). What happened was, a group of people were at the bay drinking. My fiance and I were on our way to the parkinglot from the bay and my fiance was pulling out a cigarette to smoke and handed me his ''closed'' beer. The cops pulled up from around the corner as i was handing him back his CLOSED beer can. Then the cops tried to tell me that i was trying to hide it. Which i wasn't becuase it wasn't mine and i was just holding it for him. Then they were telling me that they could smell alcohol on me and i explained that everyone there had been drinking and alcohol was everywhere and so that's why he smelled it. He kept pressuring me saying, i know you were drinking so just admit you were drinking, blah, blah so finally i said, yea, earlier i had a sip of someone's drink but that was about an hour or more ago. (which it is true, i had had a sip. so if he was going to test me and he got something out of me just having a sip, i didn't want to lie. So, he didn't test me, no proof that i was drinking. what is the fine for this? Is there anything i can do since i wasn't ''really'' drinking and the beer was closed, and it wasn't mine. Thanks.
3 Answers from Attorneys
Re: Mip
An admission to drinking while under age is conclusive evidence. However, you don't want this on your record. Were you charged with any other violations? An attorney may plea bargain and sucessfuly reduce the charge. Call me directly at (619) 222-3504.
Re: Mip
GIVE US A CALL TO DISCUSS FURTHER. Larry Wolf
310 277 1707
Re: Mip
You have descibed facts that appear, at least on their face, to amount to a very defensible case. Despite the fact that you may have "admitted" to having sipped some alcohol, this alleged admission came as the result of what sounds a lot like coersion from the cop-- and that's illegal and renders your statements inadmissible under the 5th Amendment. Also, and related to this, the admission may well be inadmissible, even if not truly coerced, if the admission came as a result of police interrogation (it did) without the benefit of your having been advised of your right not to answer questions without counsel (your Miranda warnings). In that case, as well, your admissions would be suppressed--or excluded from evidence. Without that evidence, your attorney should determine what, if any, other evidence exists to convict you of the crime of possession. From your brief description, it sounds pretty thin for the prosecution. If I were you, I would NOT plead guilty without first discussing the case and reveiwing the reports wtih an attorney (private or public defender). That conviction can hurt you in the future. If you would like a further consultation (free, of course), feel free to call me or email me directly. (I have an office in South OC, but the call is toll free in any event.) 800-515-0233 or [email protected]. Good luck.
JACQUELINE GOODMAN RUBIO
Attorney at Law
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