Possesion Of Alcohol by a California Minor

Hello. My name is Jacob and I was camping with my buddys at a state park called New Brighton by Capitola, Ca. I am 18. At around 9 pm I looked up from playing guitar and saw a swarm of police. They caught us and I took the blame...
I was given a 25662 (a) Business and Professions Citation...

I have been told it is a fine at around $250 and a misdemeanor. But I have also been told I can lose my license for this. Now I was not in a car nor did I have keys in my pocket.
Can I lose my license for this??? Any real goverment websites with this info?
Thanks
-jacob

Section 23224:

It is unlawful for any one under the age of 21 to possess or carry alcoholic beverages while a passenger in a motor vehicle. It is also unlawful for any one under the age of 21 to drive any motor vehicle carrying any alcoholic beverage. This section does not apply if the minor driver or passenger is accompanied by a parent or legal guardian. If the vehicle used in violation of this section is registered to the minor driver or passenger, the vehicle may be impounded at the owner's expense for not less than one day nor more than 20 days for each violation. Also, any person under 21 found guilty under this section shall have his driver's license suspended for not less than 15 days nor more than 30 days.



http://www.greeklife.ucla.edu/offici...olstatutes.htm

You can see the California legislature's presentation of Business & Professions Code Section 25662 here, and the provision of the California Vehicle Code, Section 13202.5, requiring a driver's license suspension here.

Quote:

---

Quoting jdepratti

---

I have been told it is a fine at around $250 and a misdemeanor. But I have also been told I can lose my license for this. Now I was not in a car nor did I have keys in my pocket.
Can I lose my license for this??? Any real goverment websites with this info?

---

Yes. If convicted, the court MUST suspend your license for up to one year pursuant to CVC 13202.5:

(a) For each conviction of a person for any offense specified in subdivision (d) [which includes B&P 25662], committed while the person was under the age of 21 years, but 13 years of age or older, the court shall suspend the person's driving privilege for one year.

After suspending the license the court may consider reinstating the privelege under conditions (work, school, etc.) pursuant to the same section:

(c) (1) After a court has issued an order suspending or delaying driving privileges pursuant to subdivision (a), the court, upon petition of the person affected, may review the order and may impose restrictions on the person's privilege to drive based upon a showing of a critical need to drive.

(2) As used in this section, "critical need to drive" means the circumstances which are required to be shown for the issuance of a junior permit pursuant to Section 12513.

So, if convicted you WILL be suspended, but the court can modify that suspension if you are very nice, and if you have a good reason. Oh, and not wanting to wake up early to catch the bus to school or work is not going to fly ... the answer will be, "Go to bed earlier."

- Carl

I had posted thread where i was confused as to why my original ticket lists my violation as a misdemeanor and then i got a correction notice saying that it was an infraction, and on my curtosy notice the violation reads "25662(a) BP I" the BP being Business and Professions and the "I" im assuming to be Infraction, here is my original post:

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.

It's an arrest offense code. The relevant provision of the Business and Professions Code can be found here.

exactly, so what does it mean now that they changed it to an infraction (my violation is 25662a BP I"?

It means that you are charged with an infraction. What else would it mean?

i guess i was just confused as to why the violation: 25662(a) B & P which is normally a misdemeanor, changed to an infraction before i even went to court. Also, the notice that was sent to me stating the correction, i just realized, requested a return and a signature on the back, which i never did, but the courtesy notice correctly stated my violation as "25662A BP I" so should i be worried that i didnt send that in?

Quote:

---

Quoting johnmadden1221

---

Also, the notice that was sent to me stating the correction, i just realized, requested a return and a signature on the back, which i never did, but the courtesy notice correctly stated my violation as "25662A BP I" so should i be worried that i didnt send that in?

---

Call the court and ask. The correction notice is simply advising you of the correction.

- Carl

real simply, having a clean record, and being charged with my first MIP, and I am turning 21 in 4 months, and no breathalizer test was given, when I go to court what exactly do I say...and HONESTLY, what are the odds that I will get my license suspended? And does it pretty much depend on the mood of the judge? b/c I know ppl who have gotten this same offense and the judge just made them pay a fine, and i dont know anyone who got a license taken away but on this forum it seems like that is exactly what is going to happen, so im confused...please help, im going to court end of this wk, thanks for all your help!

Quote:

---

Quoting johnmadden1221

---

real simply, having a clean record, and being charged with my first MIP, and I am turning 21 in 4 months, and no breathalizer test was given, when I go to court what exactly do I say...and HONESTLY, what are the odds that I will get my license suspended? And does it pretty much depend on the mood of the judge? b/c I know ppl who have gotten this same offense and the judge just made them pay a fine, and i dont know anyone who got a license taken away but on this forum it seems like that is exactly what is going to happen, so im confused...please help, im going to court end of this wk, thanks for all your help!

---

No one can say what the odds are of your license being suspended. I am not familiar enough with your courts to know how they might go with it. If you have friends cited for the same thing and they have not had their license suspended, tha is probably a good indicator.

- Carl

I posted this on my original thread, but since I asked a fair amount of questions on this on too I thought I'd post it here as well...:cool:

I just went to court earlier this morning (after being given a citation for a minor in possession of alcohol, BP 25662(a)) and i was terrified that I was going to get my license suspended. I just felt that it was necesary to report what ended up happening b/c this could ease the minds of anyone in my same position. The person who went right before was an 18 yr old who was charged with the same minor in possession of alcohol and he was fined 190 dollars and his license was suspended for a year. For my situation the judge noticed that I was turning 21 in four months and that the infraction occured 6 months before my 21st bday, and before she asked me if i plead guilty or not guilty to the MIP, she gave me the option to plea guilty to a lesser offense (i believe it was an infraction code 415 or something) which is "disorderly conduct"/"disturbing the peace," which is only punishable by a fine, so my license was not suspended and all I had to pay was 190 dollar fine...which I paid directly after the sentencing (at the court) and the citation is now off my record. Thanks for all the help.

im in the same situation. i have court on 4/20. im 19 years old. i think i might just get a lawyer simply because im closer to 18 than 21.