Minor in Possession of a False ID, B&P 25661

My question involves criminal law for the state of: CA

Hello everyone,

I was convicted of BP 25661, a minor in posession of false ID. I did not purchase alcohol with it or anything but it just happend to be on me when I was searched.

Usually this is a misdemeanor but the office marked it as an infraction and specifically told us that he was letting us off easy by giving us an infraction.

Now my question is I that I have no problem paying the necessary fine and what not but will my license be suspended for a year. I'm a college student and really need my car for internships/what not during the summer and winter break so I was wondering what I can do to ensure I do not get a suspension on my license.

Thank you very much in advance.

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25661. (a) Any person under the age of 21 years who presents or offers to any licensee, his or her agent or employee, any written, printed, or photostatic evidence of age and identity which is false, fraudulent or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage, or who has in his or her possession any false or fraudulent written, printed, or photostatic evidence of age and identity, is guilty of a misdemeanor and shall be punished by a fine of at least two hundred fifty dollars ($250), no part of which shall be suspended; or the person shall be required to perform not less than 24 hours nor more than 32 hours of community service during hours when the person is not employed and is not attending school, or a combination of fine and community service as determined by the court. A second or subsequent violation of this section shall be punished by a fine of not more than five hundred dollars ($500), or the person shall be 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. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner's office, if available, in the area where the violation occurred or where the person resides.
(b) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law, including, but not limited to, Section 13202.5 of the Vehicle Code.

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I don't see anything in the penalties regarding a license suspension. Did you have information stating it is a possible penalty?

Yes, per VC 13202.5 the court "shall" suspend your license for a year if you are under 21. There are, however, ways the court can keep that from happening, and you could always apply to the DMV for a restricted license after a short time has passed after the suspension has begun ... provided you can show a "critical need to drive" (and convenience alone will not likely cut it).

The time to consider the consequences of your criminal acts is BEFORE you commit them. It is a wee bit too late to complain about them AFTER you have been caught committing the crime. You play, you pay.

In addition, Vehicle Code 13202.5 VC provides that a conviction for violating California's minor in possession law will result in a one-year suspension of the minor's driver's license or a one-year delay in his opportunity to obtain a driver's license if he is not old enough to obtain a license. This law further provides that an additional one-year suspension will be added to each subsequent underage alcohol or drug-related conviction that he suffers.

I've read that when you plead guilty to bp 25661, the court forwards that to the DMV which automatically suspends the license for a year.

I was hoping some kind of deferred entry of judgement or some diversion program would allow me to not get my license suspended.

I was also hoping that since it was marked as an infraction I would be able to just get a fine(?).

Thanks once again in advance.

yep, here it is:

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13202.5. (a) For each conviction of a person for an offense specified in subdivision (d), 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. If the person convicted does not yet have the privilege to drive, the court shall order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for an offense specified in subdivision (d) in a 12-month period after the conviction, the court, upon petition of the person affected, may modify the order imposing the delay of the privilege. For each successive offense, the court 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 one additional year.

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Quote:

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(d) This section applies to violations involving controlled substances or alcohol contained in the following provisions:
(1) Article 7 (commencing with Section 4110) of Chapter 9 of Division 2 of, and Sections 25658, 25658.5, 25661, and 25662 of, the Business and Professions Code

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Quote:

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I was hoping some kind of deferred entry of judgement or some diversion program would allow me to not get my license suspended.

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but you were not given a deferred judgment, right?

I actually haven't gone to court yet; planning on doing so this following week.

Yes I understand what I did wrong, no need to reiterate that.

Perhaps I can ask to take part in a diversionary program.

I am aware of a few diversion programs, but none that will address the possession of a false ID. Perhaps they will, but the ones I am aware of address only the possession or consumption of alcohol. But, it doesn't hurt to ask around.

Ah thank you. It seems there are some out there.

One more question; how likely is it that the judge may give me a deferred entry of judgement given the fact that this is my first criminal offense/did not use the id to buy alcohol or enter any premise to obtain alcohol, etc.

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Quoting lordjeff

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I actually haven't gone to court yet; planning on doing so this following week.
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so you lied here then, right?

from your original post:

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I was convicted of BP 25661,

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You cannot be convicted unless you have been to court, at least a couple times in fact.

Oh I see what you mean.

Apologies, I'm not very informed about these legal terms. Sorry.

I meant that I had received a ticket for BP 25661 and had not gone to court yet.

Sorry about the confusion.

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Quoting lordjeff

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Oh I see what you mean.

Apologies, I'm not very informed about these legal terms. Sorry.

I meant that I had received a ticket for BP 25661 and had not gone to court yet.

Sorry about the confusion.

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Oh, that is a HUGE difference.

Do you have a lawyer?

No I do not have a lawyer.

I'm a college student and can't afford one.

since the infraction likely does not have the possibility of incarceration, it is not likely you would be given a public defender.

You might try to contact the prosecutor and discuss this with them.

and really, the argument about being a college student and not being able to afford one are incongruent statements. I live near a well known university. It costs about $55k annually to attend. Those that attend are either there on scholarship or they have considerable wealth. If they are there on scholarship, claiming they are broke because they are attending makes no sense. If they are thereon dad's dime, again, claiming they are broke because they attend makes no sense.


While many students struggle to attend college, it is not a forgone conclusion that just because a person is attending college they are broke.

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Quoting jk

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since the infraction likely does not have the possibility of incarceration, it is not likely you would be given a public defender.

You might try to contact the prosecutor and discuss this with them.

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As an infraction, he would not be eligible for a public defender. It is also likely that this will be handled in traffic court and as such, no prosecutor is likely assigned. Typically, these are transferred to the court directly unless the OP is in a city where the city attorney's office might handle them. He should know whether there will be a prosecutor when it is time for the arraignment (assuming he has not had this yet).

First off all: "did not use the id to buy alcohol or enter any premise to obtain alcohol, etc. ". Ok, so...why did you have a fake ID if you did not use it to buy, attempt to buy....because for minors, that is the only reason to have a fake ID. I recommend you do not try that one in court.

You can try for diversion. Just know it comes with a cost, and it also means you have to stay out of trouble for a number of years. Mess up and it will be a permanent record.

You can ask for a restricted license. And you need to prove need and no other means of transporation. Just know - you can't swing into McD's on the way to or from work/school/home.