Legal Question in DUI Law in California
minor in posession
I was pulled over with beer in my trunk,
I was written an MIP,I did not have my
license on me at the time and the
officer forgot to thumb print me. Do I
have a loophole?
3 Answers from Attorneys
Re: minor in posession
"Loophole?" No. Nor are there any 'magic wands' to make this disappear.
You have to deal with the charges just like anyone else arrested for it. If you have defenses or grounds to suppress the evidence and search, they can be used in motions, or bargaining with the prosecutor by your attorney, or at trial if appropriate. If serious about getting legal counsel in this to help you minimize the penalties, feel free to contact me.
Re: minor in posession
If they got your name correct on the citation, they've got a way to come after you if you don't appear in court as directed on the citation.
A minor in possession can have DMV and driver's license problems, including a one year suspension, so don't take this one lightly.
I practice in Orange County and there may be things we can work out to keep this off your record. Let me know if you want to discuss this further.
Re: minor in posession
What Mr. Dane said, and what reason did the cop have to go in your trunk? If you volunteered for your trunk to be searched, you are hereby sentenced to Fourth Amendment school.
If not, maybe the lawyer you hire can have the search, and the case, thrown out.
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