What is My Punishment? MIP & DIP (California)

**jinxed45** · 10-26-04 06:27 PM

I live in Ventura County of Southern California, the Ventura Sheriff's Department picked me up for violations: PC 647(F) Drunk in Public / BP 25662(A) Minor in Possession of Alcohol.

I was sleeping in my car in an apartment complex (keys not in ignition - so no DUI), after attending a party in the complex. I was in no shape to drive, so I slept in my car. Next thing I know, I'm blowing into a breathalizer and score a .08 BAC. Cuffed and off to County Jail.

Not making excuses; it was illegal for me to be "drunk in public" and possess the alcohol since I am 19 (20 on 5th of Nov).

Anyone who has had these violations, please let me know what your punishments were. Two friends of mine recieved MIPs a year ago and only had four AA meetings and a letter to the Judge (nothing else). Others have told me that I would lose my driver's license for up to a year (but that's just word of mouth). Thanks for anyone's help.

P.S. - If this may change punishment: Full-time Moorpark College student, Wells Fargo Bank employee, First Offense (not even traffic violations).

**JD45** · 10-26-04 07:11 PM

The fine depends on what county you live in. You're drivers license shouldn't be affected because you were charged with a B&P code instead of a CVC code.

On the 647(f), how long did you spend in jail?

**jinxed45** · 10-26-04 07:14 PM

They let me out after eight hours approximately. Went in about 3AM, came out about 11AM.. They liked my sense of humor and let me out before others that were there before me with same charges

**jinxed45** · 10-26-04 07:19 PM

In another case (was jailed for no reason but I was with someone drunk - honest), I had to spend almost 18 hours in there because my friend was obnoxious. This was Santa Barbara County Jail after Halloween last year.

**Retired Trooper** · 10-26-04 07:23 PM

Im just glad for someone to ask a question but yet agree that they were in the wrong.

**JD45** · 10-26-04 07:34 PM

If you have your booking paperwork see if there is a section on it labled
849(b)(2). That is a for a detention release with no criminal charges filed. You might have to pay a processing fee of some sort. Corporal would probably be the best to answer this question though.

**jinxed45** · 10-26-04 07:40 PM

I agree, everyone usually tries to BS their way out of things when they know they are wrong. Who are they trying to fool, judges of all are not idiots.

I do, however, disagree with the reasons for arresting me. I am NOT denying the violations, but the officers could have easily turned the other way since I was doing no harm to anyone, sleeping in my car. Understandable that they were "doing their jobs," but there's good judgement and bad (something that judges make everyday).

It is said that the laws created are not ment to be set rules; but to be guidelines in making decisions on which situations are acceptable and which ones are not.

Sleeping Under the Influence ought to be a new violation punishable with a bucket of beer thrown on you instead.

**jinxed45** · 10-26-04 07:46 PM

As for the 849(b)(2), I don't see any of it in the booking paperwork. BUT, I also don't see any of it in my other experience where all charges were dropped.

I DID, however, recieve a letter from the County a couple weeks later (during the first incident), with an 849.5 / 851.6 Penal Codes. May it's on the way?

849.5: In any case in which a person is arrested and released and no accusatory pleasing is filed charging him with an offense, any record of arrest of the person shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
851.6(b): In any case in which a person is arrested and released and no accusatory pleasing is filed charging him with an offense, the person shall be issued a certificate by the law enforcement agency which arrested him destribing the action as a detention.

**txinvestigator1** · 10-26-04 07:49 PM

The officers did not "turn the other way" because they wanted to get your attention. Did they do that?

While you may not agree with the purpose of the arrest, I do. And I bet the other LEO's here do too.

**jinxed45** · 10-26-04 07:50 PM

*pleading, not pleasing.

So according to the penal codes, since I WAS released and no accusatory pleading was filed (or was there?) I will not have an arrest on record? All I recieved was my items back, the notification of appearance and own recognizance release, and inmate's property receipt. Please correct me if I'm wrong, thanks!

**JD45** · 10-26-04 07:51 PM

Originally Posted by jinxed45

*pleading, not pleasing.

So according to the penal codes, since I WAS released and no accusatory pleading was filed (or was there?) I will not have an arrest on record? All I recieved was my items back, the notification of appearance and own recognizance release, and inmate's property receipt. Please correct me if I'm wrong, thanks!

We still show it in our county as an arrest in our county record. Your best bet would be to call that county and ask them at this point.

**Toeknee112** · 10-26-04 07:56 PM

Originally Posted by jinxed45

I agree, everyone usually tries to BS their way out of things when they know they are wrong. Who are they trying to fool, judges of all are not idiots.

I do, however, disagree with the reasons for arresting me. I am NOT denying the violations, but the officers could have easily turned the other way since I was doing no harm to anyone, sleeping in my car. Understandable that they were "doing their jobs," but there's good judgement and bad (something that judges make everyday).

It is said that the laws created are not ment to be set rules; but to be guidelines in making decisions on which situations are acceptable and which ones are not.

Sleeping Under the Influence ought to be a new violation punishable with a bucket of beer thrown on you instead.

WRONG! WRONG! WRONG!
If the officers had left you alone how do they know that you wouldn't start the car up and take off as soon as they left and crash and kill someone or yourself? Or that the alcohol was still taking effect and that you became so drunk that you could have choked on your vomit and died?
I think they were doing you a favor.

**jinxed45** · 10-26-04 08:10 PM

Originally Posted by Toeknee112

WRONG! WRONG! WRONG!
If the officers had left you alone how do they know that you wouldn't start the car up and take off as soon as they left and crash and kill someone or yourself? Or that the alcohol was still taking effect and that you became so drunk that you could have choked on your vomit and died?
I think they were doing you a favor.

I agree with you in that they may have been concerned for health reasons, also deciding to drive while still drunk, BUT it became apparent that I was not SO drunk to them when I blew a .08% (the legal limit for 21 years of age). I am a week short of 20 years of age. Being 20 vs 21 and having the legal limit (other than the fact of being legal) shouldn't be too different in the way a human body would react. There were no open containers anywhere, only a few beers left in the closed/concealed trunk. I was parked perfectly in a Guest parking spot.

Like I said: Laws were created to be guidelines, since it is impossible to apply them justly to every situation.

**Toeknee112** · 10-26-04 08:17 PM

So you deciding to drink while you are not yet 21 is just you fudging the guidelines?

**jinxed45** · 10-26-04 08:45 PM

Originally Posted by Toeknee112

So you deciding to drink while you are not yet 21 is just you fudging the guidelines?

I already said I agree that I am guilty of the violations. But do you think there is a difference (outside of legal issues - more on moral/ethics issue) that being 20 rather than 21 is a big difference in being drunk? Please let me know, all the opinions and information on this board is great, thanks to all. I'm new here.

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