Can I fight an MIP charge if I was not drinking or under the influence? 8 Answers as of July 11, 2013

I was with a couple of friends, and was not drinking at all nor was I under the influence when a cop came up. We were cooking up burgers while a couple people were drinking. When i walked away from the grill i sat down by the fire pit not noticing a red cup half full of beer in the cup holder next to me. And a cop drives up, parks and walks up behind me and asks me if I'm 21 and for my id. I was 20 turning 21 in a month. He did not test me or anything but he wrote me up a ticket and said we had to leave. So all my friend cooperated and we packed up and left. I had a DUI prior in June of 09 and this happened in Feb of 2011. Do I have a chance at fighting and winning the case?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Hard to say without knowing the cop's version. You should get an attorney so that your case can be investigated in detail.
Answer Applies to: California
Replied: 7/1/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Sure. But MIP means Minor In Possession, not drunk, not drinking, not under the influence, not driving, etc. So, if you have any way of showing you werent IN POSSESSION, in the car, in your hand, in your belonging, etc., then you could fight it. Otherwise, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could keep you out of jail and/or keep the penalties down. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 7/1/2011
Law Offices of Sheryl S. Graf
Law Offices of Sheryl S. Graf | Sheryl S. Graf
Legal advice is like medicine: You can take some to cure problems and some to prevent them. Sometimes, you can add to your problems by failing to call a lawyer promptly. Any time you are accused of committing a crime, you need legal advice to cure problems. To protect yourself, you should seek the advice of an experienced attorney who practices criminal defense as soon as possible. You should definitely hire an attorney to represent you in court. Your attorney can help you through consultation, negotiation, and representation. In addition to costly fines, a conviction may result in losing your driving privileges, and increase your insurance rates. A criminal conviction can also effect your job and your family. An attorney may be able to cut these losses or prevent them completely. Hiring an attorney may be money well spent and could possibly save you money in the long run. Remember, a lawyer can nearly always represent you in court better than you can do yourself. Often, an attorney can be successful in substantially reducing fines, or in getting the charges dismissed altogether.
Answer Applies to: California
Replied: 7/1/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If you can prove the facts as you told us, you have a trialable case. You need to consult an attorney.
Answer Applies to: California
Replied: 6/30/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes. A skilled attorney can often negotiate with the prosecutor/Judge into letting you earn a dismissal. Sometimes this involves doing some kind of class. Call an attorney, and remember that you could lose your license for up to a year for MIP.
Answer Applies to: California
Replied: 6/30/2011
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