MIP - Difference Between Infraction and Misdemeanor Charges

johnmadden1221 · #1 02-01-2007, 12:42 AM

I am 20 years old and live in southern california, and a month or two ago i was at a sd charger game and got a ticket for minor in possession of alcohol and on my original ticket the officer circled "M" saying that the violation was a misdemeanor, but then a week later i got a letter in the mail saying that a correction had been made to my ticket, and that now the "violation is an infraction." And when i got the courtesy notice in the mail it says that the violation is "25662A BP I." now im assuming that the "I" refers to the fact that it is an infraction, but i was wondering if i can still get my license suspended for a year over an infraction? i wasnt breathilized. someone please help me, i cant lose my license.

Happy Trails · #2 02-01-2007, 10:16 AM

Quoting johnmadden1221

I am 20 years old and live in southern california, and a month or two ago i was at a sd charger game and got a ticket for minor in possession of alcohol and on my original ticket the officer circled "M" saying that the violation was a misdemeanor, but then a week later i got a letter in the mail saying that a correction had been made to my ticket, and that now the "violation is an infraction." And when i got the courtesy notice in the mail it says that the violation is "25662A BP I." now im assuming that the "I" refers to the fact that it is an infraction, but i was wondering if i can still get my license suspended for a year over an infraction? i wasnt breathilized. someone please help me, i cant lose my license.

This thread has a lot of information.

The statute you are being charged under states this is a misdemeanor. Perhaps Carl can explain why they are changing it to an infraction.

johnmadden1221 · #3 02-01-2007, 11:29 AM

an infraction (especially in this case) is a lesser offense than a misdemeanor correct?

johnmadden1221 · #4 02-01-2007, 11:41 AM

but then why would they send me a correction notice, before i got the courtesy notice with my court date, etc. saying that , under "other (specify): the violation is an infraction"??

Happy Trails · #5 02-01-2007, 11:45 AM

Quoting johnmadden1221

an infraction (especially in this case) is a lesser offense than a misdemeanor correct?

An infraction is punishable by a fine only.

A misdemeanor is punishable up to a year in jail and/or a fine.

I don't know why they changed it to an infraction; it could be that this is one of the statutes that can be considered a wobbler.

johnmadden1221 · #6 02-01-2007, 02:44 PM

since i read other posts where it was suggested for MIP's to get a lawyer to try and avoid getting the license suspension, would you still recommend that assuming my violation is an infraction opposed to a misdemeanor?

cdwjava · #7 02-01-2007, 06:13 PM

Most jurisdictions handle this offense as an infraction. In many counties these would even be handled in traffic court.

It would always be a good idea to consult an attorney prior to a plea.

- Carl

johnmadden1221 · #8 02-01-2007, 06:57 PM

can an infraction still result in me losing my license?

johnmadden1221 · #9 02-06-2007, 03:51 PM

will someone please reply to my last post on this thread

aaron · #10 02-06-2007, 08:48 PM

It isn't even clear how you could be charged with an infraction under an ordinance that is punishable only as a misdemeanor.