Can You Gat a MIP License Suspension When You're Not Driving

[jdepratti]

I was not part of a vehicle in any sort of way. I dont understand how they can take my license???
Is there a chance I could get Lucky??? I just got 25662 (a) BP

[garrula lingua]

25662.  (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 and shall be punished by a fine of two hundred fifty
dollars ($250) or the person shall be required to perform not less
than 24 hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school.  A
second or subsequent violation shall be punishable as a misdemeanor
and the person shall be fined not more than five hundred dollars
($500), or required to perform not less than 36 hours or more than 48
hours of community service during hours when the person is not
employed or is not attending school, or a combination of fine and
community service as the court deems just.

California DMV suspends the drivers license of anyone under 21 who gets convicted of an alcohol or drug-related charge.

[jdepratti]

but no where in there does it say anything about the license and thats all that was put on my citation so would I be able to fight thats all they can pin me on?

[Happy Trails]

but no where in there does it say anything about the license and thats all that was put on my citation so would I be able to fight thats all they can pin me on?

Go here to read "Laws Pertaining to Teenagers".

[jdepratti]

yes but is says right on top that it is repealed on the date
Effective: April 15, 1997) (This section shall become inoperative on June 30, 1999,
and is repealed as of January 1, 2000.)

Also why does it say this... I says it must take away my license and then that i may lose it
The DMV must immediately suspend or delay the driver’s license of any person for six months upon receipt of a court abstract showing that the person has been convicted of any specified controlled substance offense.

Also, teens who are cited for controlled substance offenses, even when not driving, may lose the privilege to drive.

[jdepratti]

im just nervous.... but yeah....
Itsnt since I signed for the part that I got a 25662 (a) Isnt that the only law they can prosecute on???

[Happy Trails]

yes but is says right on top that it is repealed on the date
Effective: April 15, 1997) (This section shall become inoperative on June 30, 1999,
and is repealed as of January 1, 2000.)

Also why does it say this... I says it must take away my license and then that i may lose it
The DMV must immediately suspend or delay the driver’s license of any person for six months upon receipt of a court abstract showing that the person has been convicted of any specified controlled substance offense.

Also, teens who are cited for controlled substance offenses, even when not driving, may lose the privilege to drive.

The DMV must immediately suspend or delay the driver’s license of any person for six months upon receipt of a court abstract showing that the person has been convicted of any specified controlled substance offense.

Also, teens who are cited for controlled substance offenses, even when not driving, may lose the privilege to drive.

(Effective: April 15, 1997) (This section shall become inoperative on June 30, 1999,
and is repealed as of January 1, 2000.)

That is referring to:

VC 13202.3.

(a) The department shall immediately suspend or delay the privilege of any person to drive a motor vehicle for six months upon receipt of a duly certified abstract of the record of any court showing the person has been convicted of any controlled substance offense specified in ..... For each successive offense, the department shall suspend the person's driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for an additional six months. This subdivision does not apply if , upon conviction, the court orders the department to suspend....

(e) This section shall remain in effect only until one year following its effective date and as of that date is repealed, unless a later enacted statute, which is enacted before that date...

Which has been repealed.

California Vehicle Code 13202.5 was not repealed.

[jdepratti]

ok so how could I plead to not get it taking away?

[Happy Trails]

You were allready told this on your other thread:

http://www.expertlaw.com/forums/showthread.php?t=13151

[cdwjava]

ok so how could I plead to not get it taking away?

Begging and crying might get the judge's attention.

- Carl