QUESTION:

I was in Isla Vista last week with some friends and received a minor in possession charge for the beer I was holding. I’m 20 years old and was 100% sober with no intention of drinking that night. I took the bottle away from my heavily intoxicated friend (who was not cited for anything) and was trying to help her walk down the street when three cops stopped us and had us sit on the curb. I showed them my ID and was cooperative about the ordeal, even answering questions about where I go the school and received a ticket. I thought it would be just a fine but now I’m reading online that I could have my license suspended and that the charge is a misdemeanor. I cannot have criminal record and need my car to get places. I’ve never received a ticket or gotten in trouble for anything in my life and I am here seeking advice on how to, or even if I should try fight this. Thank you in advance

ANSWER:

You should definitely fight this charge. I suggest you consult with an attorney who can submit a mitigation packet to the filing deputy at the DA’s office to seek either a DA reject on the filing or diversion. If this ends up in Superior Court, it sounds like you have a viable factual defense.

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