Hey Guys, Need To Pick Your Brains For a Second

Hey Guys, Need To Pick Your Brains For a Second. I ended up in a little trouble that may end up in losing my M1 for a year.

I was with two buddies driving to a party, my buddy gets pulled over for speeding (by 13 mph) right by San Pablo and Bear Creek.

Somehow I had ended up with handle of Jack Daniels (bout 10% left in it) in a backpack, that by good judgment I placed in the trunk.

The officer smells 'marijuana', I didn't even know about the marijuana, it was in the back seat in a plastic bag, the officer claimed he smelled it but I didn't smell a thing (hence my ignorance to it's existence).

After getting frisked (they basically searched my balls) and about 30 minutes of Police milling around, they searched the trunk, found the alcohol and now I face losing my license for a year.

I refuse to miss out on summer riding, and I know how I can delay the court process until June. Does ANYONE have any tips on how I can delay it further or somehow not lose my license? I mean come on, I hadn't drank any of it, very little was left in my possession, I feel as if losing my M1 as a consequence is harsh, them confiscating it should be punishment enough... I'm not a threat to society.

Any advice will be appreciated

PS: This past week has be beautiful, only a preview of the months ahead!

Don't worry, I've got us covered for this one...

jonas.sota said:

I'm not a threat to society.

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Haha, you don't remember your own post asking about running from the cops, do you?

Well....since we're going down the path of master trolling, full-retard, poor life choices and general buffonery....What is stopping you from riding without a license?

It should fit well with the badboy biker bullshit image.

Ok...so...lemme get this straight...

You were a passenger in a car, you had an open bottle in the trunk, and you are losing your license over it.


Nah..this makes total sense

I don't understand how it's illegal to have a used bottle of alcohol in a vehicle locked in the trunk. It seems like it should fall under similar lines as a firearm, where (my understanding is limited) you can have the gun secured in the trunk and the bullets in the glove box. The fact that the gun is secured in a locked compartment makes it legal. Why is alcohol different?

Oh, and it seems like if you're going to lose your license over this, as a passenger, and NOT being DUI, means that you have a prior record.

live and learn, live to fight another day

Just a guess, but you were going to a high school party since those are the only parties that happen in Orinda, and therefor you are likely under the legal age of owning alcohol. You knew what you were doing, and you got caught. Suck it up.

Who cares dude, ride without it. Its not like you will get pulled over unless you do something dumb anyways and if you do, just run.

Lawyer up. It's gonna cost you a couple grand whether you do or don't. You'll either pay it to the lawyer, or the state.

You didnt give us many details.. Like what your charged with, how the interaction with the LEO went..

But Im assuming you probably incriminated yourself while trying to "talk your way out of it" . Do some research. Talk to some lawyers (you can even get free consultations) and figure out what the best next course of action will be.

(Yes ive been watching those "how to exercise your 5th amendment videos" )

If you dont have any priors youll probably get a slap on the wrist.
If you do have priors thats another ball game.

Karbon said:

Well....since we're going down the path of master trolling, full-retard, poor life choices and general buffonery....What is stopping you from riding without a license?

It should fit well with the badboy biker bullshit image.

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+1

I hear if you don't show up in court, they usually dismiss the charges. I'd try that first.

A full face helmet with a dark shield worked for my friend for six months.
When I lost my license for a year I parked my bike in parent's garage and gave them the keys and told them not to give them back until I showed them my license. I rode my mountain bike around for a year and was in great shape by the time I got my license back.

OP, are you a minor?

jonas.sota said:

Somehow I had ended up with handle of Jack Daniels (bout 10% left in it) in a backpack, that by good judgment I placed in the trunk........ I didn't even know about the marijuana, it was in the back seat in a plastic bag........ I refuse to miss out on summer riding, and I know how I can delay the court process until June...... I'm not a threat to society.

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Somehow a bottle of Jack just showed up in a backpack, then some weed was stashed where I was sitting in the back. I'm not going to quit riding even if I loose my license. I can abuse the legal system until I'm ready to cop a plea but I'm really a nice guy and it was just a little weed and a swig of booze.
Dude, step one is to get a lawyer. He'll do the talking for you, it obvious you should just shut-up and not hurt your case more than you already have. The next thing you might want to consider is that you need to take responsibility for your actions and consider the consequences BEFORE doing something illegal. Man up, be an adult, stop doing stupid crap with your stupid friends.

need more info...

crank1000 said:

Just a guess, but you were going to a high school party since those are the only parties that happen in Orinda, and therefor you are likely under the legal age of owning alcohol.

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Ding ding ding ding ding! There is nothing illegal about having an open container of booze in your car trunk. Unless you're jail bait.

down here in SD county, an MIP (minor in possession of alcohol) is an automatic loss of license for one year. there is absolutely no way out of it as i know quite a few ppl that lawyer'd up and tried. most likely u somehow admitted to the alcohol and weed being somehow yours.... so, man up and accept the punishment.

just think, if you attempt to push the punishment back until after summer, you'll still be missing out on the following summer!!!

oh, and restricted licenses are usually granted to anyone needing to drive to school and/or work. of course, this is all up the judge so be nice.

Look on the bright side, at least they didn't find the herion and the dead hooker.....

Semper Fi!