Legal Question in DUI Law in California
I am 18 years old and live in CA. I got a MIP ticket at a concert for holding a beer. I am thinking about pleading not guilty because I was at a sticker table looking at stickers where there were multiple beers on the table, and when I was picking it up to look at other stickers, I was caught. If i plead not guilty, and the cop shows up (so I'll have to have a case) and I end up being charged as guilty, are the consequences the same as if I were to plead no contest? And another thing, the cop wrote the wrong day on my ticket. Can that help my case any?
1 Answer from Attorneys
Not only will the cop have to prove that the beer was yours as opposed to anyone else there, he will have to prove it was NOT transitory possession, i.e., moving it to see a sticker.
Most importantly though, a cop can NOT testify as to what was in the can UNLESS he obtained a lab test. The label of the bottle is HEARSAY and any cop will tell you they have seen times where kids have had rum and coke in a coke bottle so we know you can not rely on the label.
In 20 years of practice I have NEVER had one of hese proven at trial.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
