[Mickey]

As some of you know, I received an:
1) MIP code # 25662
2) open container code # 36-3co

on Halloween. I need an attorney in the Figueroa Division of Santa Barbara County, CA. According to the courthouse, either I have to show up in court or an attorney representing me has to show up before Dec 22. Can someone help me either find an attorney in this area and give any advice?

Bare in mind, I live almost 5 hours from here so I do not plan on going there and feel an attorney would fight the case better than I anyway. Any and all good advice will be repped. Thanks

[Dennis]

Find A Lawyer, Attorney, Law Firms and Attorneys - Lawyers.com

search
pick
call
enjoy lol

[stangfreak]

never go to court without representation. the court is a money making bracket and they will make sure you pay weather it's paying an attorney or excessive fines. also, when it comes to attorneys it's my strong belief that you get what you pay for.

[AtlanticBlue99]

Yellow Pages directory for the city/county you received a violation would be a start. Set up 2-3 phone conferences. Ask each attorney the number of MIP cases they have represented, the usual outcome, etc. Then make a decision based on results and cost. If you have ever had an attorney before, they might know a local attorney/judge to represent you. I have had a previous attorney point me toward a judge to represent me in a case a few counties away. There is no better representation than a judge in a neighboring county

[Mickey]

reps to all three...thanks guys...

AB, I have not had an attorney represent me thus far. I will look around and see what I can come up with.

[AtlanticBlue99]

Originally Posted by Mickey reps to all three...thanks guys... AB, I have not had an attorney represent me thus far. I will look around and see what I can come up with.

The thing is with attorneys/judges/LEOs: they are a network and a unit. Respect them all and they will help you out. I had a friend with good representation get a total of $402 in fines and 6 months probation (dropped to 3 after completing 12hrs community service) for his MIP. Attorneys all know each other (the established ones), and they can point you to friends, etc.

You may try setting up a free consultation with a local attorney to see if he has any friends/associates in the jurisdiction where you received your fine.

[Mickey]

How bad are the penalties for MIPs? They are a traffic violation so I didnt think they were too bad...

I understand that all punishments vary, but what is the norm for these kinds of things..

[AtlanticBlue99]

Originally Posted by Mickey How bad are the penalties for MIPs? They are a traffic violation so I didnt think they were too bad... I understand that all punishments vary, but what is the norm for these kinds of things..

Here, an MIP is a misdemeanor, not a traffic violation. In GA, if you blow above .00, you can be given a consumption charge, and if you have a container or are near a container, you can be given a possession charge. When I say MIP, I refer to Minor in Possession (the combination of consumption and possession in GA).

[Mickey]

Right, I guess in California, open container and MIP are two different things...I am 99% sure an MIP is not a misdemeanor in Cali...

[AtlanticBlue99]

Originally Posted by Mickey Right, I guess in California, open container and MIP are two different things...I am 99% sure an MIP is not a misdemeanor in Cali...

Open container is also a misdemeanor in GA.

There are:

• Possession
• Consumption and
• Open Conatainer

charges. All three are misdemeanors. You are not in a car/on the public road, but at a party, right? Why would it be a traffic offense?

[texas_mustang]

Call your local university and get a law student to represent you. They love the opportunity to gain experience.

[Mickey]

Thats what the people at the court told me. I asked for the criminal department instead of the traffic department. I then proceeded to give them my case number and she said that case # pertains to the traffic department

[Mickey]

Originally Posted by texas_mustang Call your local university and get a law student to represent you. They love the opportunity to gain experience.

Hmm, didnt know you could do that. Luckily, my school has a badass law program..

[AtlanticBlue99]

Originally Posted by Mickey Thats what the people at the court told me. I asked for the criminal department instead of the traffic department. I then proceeded to give them my case number and she said that case # pertains to the traffic department

Business and Professions Code Section 25662 - Minor Possessing Alcoholic Beverage

So you were in the street and not inside? It is still a misdemeanor, just handled in traffic court.

(a) Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor

[Dennis]

traffic violations misdemenors at most. your most likely looking at some fines maybe community service and possible low grade probation. first offence im assuming so i wouldnt worry about it too much. you can always ask for a public defender which they have to give you. you could always call the procecutor and ask him about it and see what he says.

[Mickey]

How bad is a misdemeanor for your record?

[AtlanticBlue99]

Originally Posted by Mickey How bad is a misdemeanor for your record?

Unless you go to court to have it expunged, for the rest of your life.

However, if you got caught at under 18 years of age, it would be auto-expunged at 18 (in most cases).

p.s. You can petition for expunged status after 1-3 years upon completing probation.

[fairlane_68]

Go to court dressed as either the Lion or Tin Man from Wizard of Oz. Guaranteed they'll let you off!

[Mickey]

Originally Posted by AtlanticBlue99 Unless you go to court to have it expunged, for the rest of your life. However, if you got caught at under 18 years of age, it would be auto-expunged at 18 (in most cases). p.s. You can petition for expunged status after 1-3 years upon completing probation.

Ok, well luckily I was 19 at the time. Thanks for the help.

[texas_mustang]

Here in texas anything except a felony or bwi gets auto-expunged at 21