T Nation

Any Advice For MIP?


#1

I'm looking for some help from anybody with legal education or past experience.

Last night I got rolled up on by two undercover cops during Thirsty Thursday at the ball game. They said a third undercover cop witnessed my friend handing a 12 oz. cup of beer to me (I am 20 years old and turn 21 in a few weeks). Now I've got a Minor in Possession violation and a court date at the end of August. I'm planning on pleading guilty since the cops made my friend and I hold up our beers while they took a picture.

Can anybody tell me what usually happens with these? I live in California. I was expecting to go in there and get some "boys will be boys" attitude from the judge with a small fine. However, I've been asking around and have been hearing some crazy stuff about suspended licenses, probation, community service, etc. Anybody have any past experience to share??


#2

I would think the picture would screw ya, but if the picture is obviously staged (like it sounds), you might be able to try that argument. Since you're close to 21, I can't imagine they'll be too rough on ya. Good luck

Oh yeah, and thankfully you'll be able to go to your court date. They scheduled my MIP appearance while I was out of the country. Biggest crock of shit ever. The park rangers (yes, not even the police) didn't see me drink anything but they assumed since everyone I was with was drinking (and was 21+) that I must be as well.


#3

I had four of them by the time I turned 21, the last one was 6 days before I turned 21. The worst I received was a $50 fine. I got 20 hours community service once, no big deal. On the first one, I had to go to an alcohol assesment and that was it. None of these were in California, but I have a hard time beleiving it will be a big deal.


#4

You didn't have to hold the beer for the picture. You could have refused and they wouldn't have been able to do anything.


#5

Yeah way to incriminate yourself. If you didn't get a breathalyzer done you might have a chance. Just plead not guilty and ask to see the results for your BAC (blood alcohol content). That's how I got mine dismissed anyway... let us know how it turns out bro.


#6

Most states the "P" in MIP stands for possession--you don't have to actually drink it.


#7

Ah I see, that's where we differ then. I didn't have any booze on me and I certainly didn't model with it. Oh well, maybe this will teach you to learn your rights.


#8

i got one when i was 20, showed up to court and only got 8 hours of community service, apparently there were about 100 other MIP's at the concert i was at and they all got scheduled for the same day,so they just made us all take a plea and gave us community service


#9

I have a hard time believing that refusing to take the picture would have cleared me of the whole thing. If I plead not-guilty and there wasn't a picture, then the judge would still take the word of three cops who were witnesses over mine.

And yeah, all I had to do was hold a beer. My BAC wouldn't matter.

I don't think it's a big enough deal to spend any effort trying to get it thrown out. I was just wondering what type of things to expect. A suspended license would really be a bitch.


#10

I think a lot of people incriminate them selves with out realizing it.


#11

Did the cops determine that were drinking beer or did they assume that was what was in your cup.


#12

Ok, two words: self incrimination. You don't have to do it. Meaning that you did not have to pose with your beer.
The cops can be peeved about it, but there's nothing they can MAKE you do.
Learn your fucking rights, they are there for a reason. But what would I know. Have fun picking up garbage.


#13

I'm glad to know the cops are keeping the serious criminals off the street. God knows that at 20 years old your reaction to drinking is going to be VASTLY different than a 21 year old.

I can't even imagine that the maximum penalty for POSESSION of alcohol is worth worrying about...


#14

StevenF, I never denied that they couldn't force me to take the picture. I said that the testimony of three police officers would be enough to convict me even if there was no picture. This is how almost all MIP charges work- without bringing in evidence. It's like a speeding ticket. You can't challange it and win by simply saying "I wasn't speeding. That cop's testimony is a lie."

But feel free to tell me to "learn my rights" a few more times if you think that'd help.


#15

Yeah what do they need evidence for, that's not how people get found guilty nowadays. Have fun picking up garbage!


#16

Gee...sounds like you fucked up.
A couple of cops tell you that another cop saw your friend hand you a cup so you pose for a beer picture? They sure had the goods on you didn't they?
Nice move. You should be a trial lawyer.
You must of drank about 25 beers to have pulled off such a smart trick.
You can tell the judge that there was soda-pop in the cup.

Sorry for the sarcasm but this is an example of typical police garbage where they intimidate "yutes" to rack up ticket quotas.
You are such criminals it's fucking scary. Hahahaha. Three cops working on an anti-beer operation. They should make detective for that big bust.


#17

What is a "yute"? ha!


#18

Are you mocking me?

[shit, now I have throw that DVD in and watch the movie!]


#19

I fucking loved that movie.