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I don't have my License yet, i received a MIP, help?

Anaheim, CA |

Officer found 2 bottles of alcohol in my buddies car, pretty much proven guilty right there right?? but heres the thing i don't have my drivers license yet can they do anything to stop me from getting it my court date is on wed. the 27th but I'm going tomorrow. and is there any way i can pay off the ticket in payments???? :O please help :(

Attorney Answers 3

Posted

Get an attorney ijbyour area before you do anything. Even if you don't have
a license you sol he delayed recieving one by a year if you have a mip
conviction. You have a defense as you did not posess the alcohol. Do not do
anything until you see an attorney
>

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Michael Jon Fremont

Michael Jon Fremont

Posted

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Posted

Yes I agree the DMV can place a delay on your privilege to drive even if you do not have a license. An attorney can help you figure out if you have a search and seizure issue as well as getting a restricted license if it comes down to that.

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Posted

Two things wrong with your statement. First, it assumes you were in possession. While it can be argued you were, it can also be argued you were not. Second, it assumes that the police had a LAWFUL reason to stop the car. Just because the police stop a car, doesnt mean it was a valid stop. If the stop was invalid, a motion to suppress could be your saving grace. The only way to know would be to speak with a lawyer and review the report together. Don't assume you are guilty if you havent reviewed your how your constitutional rights are affected by this.

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Asker

Posted

okay well, we were parked at a park and the park was closed, literally we where about to leave but the cops pulled up and my buddy panicked he is under 21 swell we are both 19 but he got out which made the cops respond and they got out, came up to the car and just started questioning and i did what my government teacher told us to do incase of a cop situation "shut up and don't say a thing, ask if you are being arrested or detained" but they ended up searching the car with my friends consent, i told him not to but apparently he had left his bottle right in the middle of both the passenger and driver seat, the cop then grabbed the bottles and came up to us, surprisingly the cop was a very nice man, but my friend ended up breaking and spilling out everything, my officer (there was 2 of them told me he wasn't giving me a ticket but a citation, aren't they the same thing?? and well when my friend told the cops everything he told them the bottles were ours, and that he didn't have his license, and everything went down hill, with me getting a citation for a misdemeanor i don't have the money for an attorney, this is my very first time getting in trouble like this, i obviously made a stupid choice idk what to do.

Asker

Posted

i told him not to consent to the search*

Matthew Murillo

Matthew Murillo

Posted

Still doesnt seem like you can be proven to be in possession. It basically becomes your word against your friends. if you can't afford a private lawyer, ask the court for a public defender. Don't just take a guilty plea without at least examining the evidence

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