Legal Question in DUI Law in California

Re: Minior in Possession in CA, What do I do When I go to Court?

By MIP charge, do you mean a violation of California Vehicle Code Sect. 23224?

Please read VC Sect. in its entirety at: http://www.dmv.ca.gov/pubs/vctop/d11/vc23224.htm

You claim that you & friends were drinking outside of your cars; cops arrived; you & friends ran; after you were gone, a friend put beer in car; & you later got caught & charged with MIP. If you read the exact language of the above statute, then, according to your version of events, the police did NOT witness you drive or be a passenger in any car. Besides not seeing you driving or in the car, if your friend put the beer in car after you were long gone, can the prosecution prove you were knowingly driving or in a vehicle containing alcohol?

Since this charge is classified as a misdemeanor, you should retain an attorney or have a public defender appointed to represent you especially since a conviction could result in a license suspension, fine &/or community service. Your attorney or PD can best determine & present any defenses you might have to the charge or take other appropriate action on your behalf.

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