San Diego Minor in Possession Attorney

In San Diego Minor in Possession is a very common offense due to the high number of universities and colleges here. As a San Diego college student, you need to know that if you are under 21 years old and caught with alcohol, you can be charged with a crime related to underage drinking known as: minor in possession (MIP), which is Business & Professions (B&P) Code 25662(a). If you are a minor under 18, this “minor in possession” charge can be considered a juvenile offense.

“Minor in possession” refers strictly to possession of alcohol. This crime can be charged either as an infraction (like a traffic ticket) or a misdemeanor (in real criminal court, just like burglary, a DUI or even vehicular manslaughter.)

Consequences of a Minor in Possession Conviction in San Diego

You really want to get your MIP dismissed because if you’re convicted of it, you could face:

having a permanent, lifelong criminal record
getting your driver’s license suspended for a whole year (even if your driver’s license is not from California)
disqualification from certain career paths

San Diego Minor in Possession as an Infraction vs Misdemeanor

Look at the citation (ticket) you were given. Near the middle of the page, the officer probably wrote a code section down. To the right of that, there may be either an M or an I circled. If the M is circled, you were cited with a misdemeanor. If the I is circled, you were cited with an infraction.

There are many differences between misdemeanors and infractions, including court procedures and possible consequences (the sentence after conviction). Take a look.

MIP Infraction Process

You were cited by a law enforcement officer
There will be no prosecutor in court
The judge will not give you a free lawyer to represent you
You will get no copy of the police records
You will not have an opportunity to negotiate for a deal (such as a dismissal of the case)
Trial is in front of one judge or commissioner, instead of 12 jurors

MIP Misdemeanor Process

You were cited by a law enforcement officer
There will be a prosecutor in court
The judge will offer you a free lawyer to represent you
You will get a copy of any police documents/notes/reports
You will have an opportunity to negotiate for a deal (such as a dismissal of the case)
Trial is in front of 12 jurors–all 12 of the jurors must vote to convict you, otherwise you win

MIP Infraction Sentence (Consequences of a Conviction)

Court fine of a few hundred dollars
One year driver’s license suspension
Most employers won’t see it or care about it

MIP Misdemeanor Sentence (Consequences of a Conviction)

Court fine of a few hundred dollars
One year driver’s license suspension
Most employers will see it and may care about it

How to Get Your Minor in Possession Infraction Dismissed

In the City of San Diego, MIP cases are handled differently than elsewhere in San Diego County. You are better off getting a MIP case inside San Diego city limits than outside. If you were cited in San Diego city limits, and therefore your case is set in the Kearny Mesa Traffic Court (on Clairemont Mesa Blvd.), your first step to getting your case dismissed is as follows:

Show up to traffic court on the date indicated on the citation. This court appearance is called an “Arraignment.” Your Arraignment is your opportunity to either “plead guilty” or “plead not guilty.”
DO NOT plead guilty and DO NOT plead not guilty. You will do NEITHER.
Instead, when the judge calls your name, you will walk to the podium and tell the judge, “Your Honor, I elect to have this case prosecuted as a misdemeanor, and sent to downtown San Diego criminal court.” If the judge looks confused, say, “I do not wish for this case to proceed as an infraction, but instead as a misdemeanor.” If the judge tries to dissuade you from doing that, you say, “I understand, thank you Your Honor. I still elect to have this case prosecuted as a misdemeanor.”
The judge will say “okay” and you will be sent to the court’s clerk’s office to get your paperwork (court “minute order.”)
The minute order will give you the new Arraignment date for your case, which will proceed as a misdemeanor in criminal court.

Scroll below to learn how to get your San Diego Minor in Possession Misdemeanor case dismissed.

How to Get Your San Diego Minor in Possession Infraction Case Dismissed if You Passed Arraignment

The above 5 steps are only available to you prior to being arraigned. Once you say, “I plead not guilty,” your case will be stuck in traffic court as an infraction and you will no longer be eligible to have it removed to criminal court to proceed as a misdemeanor. What do you do then? Follow the below steps:

Send the prosecutors an informal letter requesting a copy of all discovery (“discovery” is another word for evidence)
Wait 30 days to see if the prosecutors send you a copy of the discovery
If you get a copy of the discovery, skip to #6
If you do not get a copy of the discovery, file a Motion to Compel Discovery with the court–this means you are asking the judge to order the prosecutors to send you a copy of the discovery
If the judge orders the prosecutors to give you the discovery, and they still don’t do it, file a Motion to Suppress all evidence along with a Motion to dismiss. The idea here is, the prosecutors can’t use any evidence against you which they didn’t let you see. If they didn’t show you any evidence, then they have no evidence to present at all, so they can’t possibly win they’re case. Therefore, the judge might as well just dismiss the case right now.
If you get a copy of the discovery, negotiate with the prosecutors, asking them for a dismissal of the case or to reduce the MIP charge to a “minor in consumption” charge. (Scroll down to read more about that.)
If you are offered a deal, decide whether you want to take it.
If you are not offered a deal, show up to court on the date of trial and hope the cop doesn’t show. If the cop doesn’t show up to court on the date of trial, your case will be dismissed.
If the cop shows up to court on the day of trial, present your case at trial and try to win. (If you have a basis for fighting your case, you will want to make sure you have any witnesses there that you want to testify.)

Those are the 9 steps you must take to give yourself the best chance to get your San Diego Minor in Possession infraction case dismissed.

How to Get Your San Diego Minor in Possession Misdemeanor Case Dismissed

Show up to the first court date (i.e., arraignment) in criminal court downtown San Diego.
Ask for a public defender (i.e., lawyer the court will give you) to represent you.
Ask to take advantage of the Community Justice Initiative (CJI). The CJI is a program wherein you plead guilty to the misdemeanor MIP, but you are not sentenced right away. This is important because you are not convicted unless you both are found guilty AND you are sentenced.
Sign the CJI forms, and plead guilty to the misdemeanor charge. You will plead guilty, but WON’T be sentenced. Instead, your sentencing date will be set out for another few months into the future.
Once outside of the courthouse, on that same day, call Urban Corp and enroll to do some community service through them.
Complete 2 full days of work with and through Urban Corp, for 8 hours each day. This will cost you a couple hundred dollars. Once you have proof that you have completed the 2 days, you are good to go.
Go back to court on the date of your scheduled sentencing. Show proof that you completed the CJI program. The prosecutors will then agree that you can withdraw your guilty plea, and they will dismiss the case. IMPORTANT: If you show up to your sentencing without having completed the 2 days of work through the CJI program, you will be sentenced immediately. The sentence will result in a permanent criminal record and 2 full days of jail–yes, real, actual jail.

The above steps may not be available to you if your case is not in the downtown San Diego courthouse (i.e., if your case is in Vista, Chula Vista or El Cajon).

What is a Minor in Consumption?

If you were cited within the limits of the City of San Diego, and you can’t get your MIP charge dismissed, you might try to get the MIP charge “reduced” to something many people have referred to as a “minor in consumption.” It’s an odd name, but what it refers to is a San Diego City municipal code that prohibits minors from drinking alcohol. Again, the MIP charge is based on state law (California), but the Minor in Consumption (or MIC) is merely city law.

What is the Difference Between Minor in Possession and Minor in Consumption?

This distinction is important for two reasons. First, with a violation of the state MIP law, if you are convicted the judge will suspend your privilege to drive for one year and the court clerk will notify the DMV (as required by Vehicle Code 13202.5) of the driving suspension. However, if you are convicted of the City of San Diego Municipal Code Minor in Consumption law, the court clerk will NOT notify the DMV, and therefore it does NOT trigger a suspension of your driver’s license. This is why so many people would rather plead guilty to a Minor in Consumption than a Minor in Possession.

The second distinction is that a Minor in Consumption cannot be charged as a misdemeanor. It can only be charged as an infraction.

Because Minor in Consumption is a San Diego city code, if you were cited outside the city limits (such as in the south bay, east county or north county), you will not be able to get your MIP “reduced” to a MIC.

The primary difference between Minor in Possession and Minor in Consumption is that MIP is an allegation that you were merely holding or controlling alcohol (as opposed to actually drinking alcohol), while MIC is an allegation that actually accuses you of drinking alcohol. While you would think that the actually drinking alcohol would be punished worse than simply holding a can of alcohol, that’s not the case. So while MIC sounds worse than MIP, the MIC actually carries the lesser penalties.

The penalty for a MIC is a fine of about $250 or less, which is about the same as the amount of the fine for a MIP.

How do I Win my San Diego Minor in Possession Case in Trial?

In order for you to be found guilty, the prosecutor (in misdemeanor cases) or law enforcement officer (in infraction cases) must prove that you:

while under the age of 21 years
had any alcoholic beverage in your possession
on any street or highway or any public place or any place open to the public

“Possession” also includes “control.” So if you are not actually holding a can of beer, but there is a can of beer inside the cup holder of the beach chair you’re sitting in, then you are basically “controlling” the can of beer and therefore you “in possession” of it for purposes of this crime.

Even if there is enough evidence to prove that you are guilty of a MIP, you cannot be found guilty of the crime if all of the following are true:

You called 911 and reported that either yourself or another person was in need of medical assistance due to alcohol consumption.
You were the first person to make the 911 report.
After reporting that another person was in need of medical assistance, you remained on the scene with the other person until that medical assistance arrived and you cooperated with medical assistance and law enforcement personnel on the scene. (See Business & Professions Code 25667(a)).

Can I Avoid the One-Year Driver License Suspension if I’m Convicted of Minor in Possession?

Yes, possibly. The only way to avoid it is to request the judge change the “suspension” into a “restriction.” (See Vehicle Code 13202.5(c)(1)). A judge will do this when you show you have a “critical need” to drive. According to Vehicle Code 12513(a), you can do this by showing the judge that any one of the following 3 circumstances exist:

You need to drive to school but school and public transportation won’t work. You should have a signed statement from a school official verifying such facts.
You need to drive due to illness of a family member and public transportation won’t work. You should have a signed statement from a doctor familiar with the condition, containing a diagnosis and probable date when the family member’s medical condition will end.
You need to be able to drive to and from work in order to support your family and public transportation won’t help. You should have a signed statement from your parent explaining why they need you to drive.

What Does a San Diego Minor in Possession Defense Lawyer Do?

If we were to represent you, we would follow the exact steps outlined above in order to give you the best chance at getting your San Diego Minor in Possession case dismissed. If we can’t get it dismissed, then we follow the necessary steps to avoid the 1-year license suspension.

We investigate the charges against you, take charge of all hearings and court appearances, and we deliver the aggressive advocacy that can put this legal crisis behind you and return you to the classroom and other extracurricular activities you love. We spare you the stress, travel and expense of defending your case on your own. You can have total confidence that the case will be handled with utmost professionalism.

If you are a high school or college student or minor child charged with minor in possession, speak with attorney Tate R. Lounsbery today at this phone number: 619-792-1451.

We can handle your free consultation by phone and update you on the progress of the case.

How Much Does a Lawyer Cost for a San Diego Minor in Possession (MIP)?

Our rates our very affordable for college students. We even offer discounts to fraternity and sorority members–spread the word!

If you’re like most of our clients, you’re most worried about losing your driver’s license for a whole year. Here’s a question for you: How much would you be willing to pay to be able to drive for one month? Now, multiply that by 12 months. How much do you think it will be worth it to you to get your MIP dismissed? When you look at it that way, we think our rates are incredibly reasonable and affordable.

Testimonials from Previous MIP Clients

“Tate Lounsbery made my case (MIP) very easy on me. He asked me to do a few things for him to get some more information about me as a person. I didn’t have to show up to court once and he kept me relatively updated. My court case got dismissed and I couldn’t be happier and for a relatively reasonable amount of money.”
“He coached me through the various steps that would give me my absolute best chance of saving my license and in the end was indeed able to plea with the judge and officer in order to drop my violation down to a minor in consumption infraction which reserved my license and came with a small fee. He instantly sent me all of my closing documentation and has even kept up with me after the fact to make sure I pay my fee on time!”
“Tate was persistent in returning my initial call to him. He gave informative advice and suggestions to help with a case of MIP. He was honest in a discussion about whether we NEEDED an attorney for our particular case. He was also very generous with his time.”
“Tate is very friendly and relaxed and kept me well informed of my situation as well as his plan to fight the charge. Whereas other lawyers I spoke to try to get their MIP cases reduced to Minor in Consumptions, Tate felt confident we could get this case dismissed and sure enough, his expertise with the traffic courts resulted in a dismissal of my case. Also, I did not have to appear in court with him. I recommend Tate to anyone in the San Diego area looking to fight MIPs.”
“I gave Tate a call and he talked to me professionally but not in a condescending way. If you are looking for a nice down to earth lawyer that will handle everything and save your license, I recommend Tate.”

What Can I Do Right Now to Beat my MIP and Save my Driver’s License Entirely?

In order to save your driver’s license, you have to beat the MIP case. To help us win your case, get started on these 8 homework assignments right away. But first, call our San Diego Minor in Possession lawyer at this phone number: 619-792-1451. You can also e-mail us.