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MIP consequences in California?
I'm turning 21 in less than two month and just got an MIP in San Diego County. I had very little to drink at the time I was charged but had a water bottle filled with a mixed drink as well as an unopened beer in my purse. I go to school in Oregon and am leaving before my assigned court date. I've heard that if you attend the court date (rather than pay the fine) you can potentially prevent this charge from getting to your record (which would be ideal). How would I go about getting a court date changed? If I can go to court, what's the best way of approaching the situation (e.g. plea not guilty? ask about diversion program? ask for a public attorney? Just pay the fine?) I've heard that if the police officer that charged me does not attend the court date (which often happens...?), then I have better chances of pleaing not guilty and winning my case. I'm mostly worried about the MIP going on my record. I go to college and am hoping to get into a Masters program in 2 years, will an MIP affect my chances? Also I'm looking for an apartment in about two months and was wondering how an MIP would affect my chances of signing a lease?
4 Answers
- Anonymous10 years agoFavorite Answer
This offense can be filed as an infraction or misdemeanor. If it is filed as a misdemeanor you need to have an attorney, but if you cannot afford an attorney one will be appointed for you. If it is filed as an infraction, an attorney would still help, but you will not be entitled to appointed counsel.
The disposition of this does not depend upon when you go to court, but you should not simply pay the fine without attending court (even if that is offered for this charge, which is doubtful). You are correct that the biggest problem with this charge is the loss of your license for a year. Most courts have programs available, particularly for first offenders, which will allow you to avoid a conviction and save your license. A lawyer can help with that, but if you do not have counsel you should inquire yourself.
It does NOT often happen that police officers fail to attend court as required--that is a myth.
Source(s): 35+ years as a criminal defense attorney - Anonymous6 years ago
RE:
MIP consequences in California?
I'm turning 21 in less than two month and just got an MIP in San Diego County. I had very little to drink at the time I was charged but had a water bottle filled with a mixed drink as well as an unopened beer in my purse. I go to school in Oregon and am leaving before my assigned court date....
Source(s): mip consequences california: https://trimurl.im/i55/mip-consequences-in-califor... - Anonymous5 years ago
JUST from what you have said you CAN get away with it. This being is HOW can the cop PROVE this was alcohol. Did he take the cup into evidence? Did he have a test run on the contents of the cup? THIS will have to have been done in order to PROVE his case in court. So your lawyer should be able to get you off. BUT the expense of a lawyer you would get off cheaper by pleading out. My brother got popped for D.U.I. and just ONE reason he was found NOT guilty is because the cop did NOT take into evidence the OPEN beer can, as well as did NOT get the contents of the can tested to prove it was actually beer in the can.
- 10 years ago
I got popped for that a while ago. They will probably offer you a plea bargain. If you plead guilty, it will be reduced to an infraction (the same as getting a speeding ticket). You'll have to pay a fine and will probably lose your license for a year or just have it suspended to where you can only drive to work and to school.
