My question involves criminal law for the state of: California.
My daughter was at a concert and had alcohol in the parking lot. She and her friends were given minor in possession citations. Once inside the venue someone bought them beer and they received a second violation in the same night. I read the first violation is $250 and the second is $500. Could these be combined for a potential $750? Also, she was not driving that night but I am reading that her license could be suspended up to one year. Is this correct? She does attend college and has a job about 20 miles from home.
Minor Received Two MIP Citations in One Night
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06-08-2015, 08:11 AMtmartinMinor Received Two MIP Citations in One Night
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06-08-2015, 08:18 AMcdwjavaRe: Two Violations in One Night for Minor in Possession
Yes, these are a first and second offense, and, yes, if convicted under the Business and Professions Code, she SHALL have her license suspended for one year.
Was she cited for a B&P or for a local ordinance violation? -
06-08-2015, 08:19 AMOhiogalRe: Two Violations in One Night for Minor in Possession
She may very well be walking or taking a bus to college and work. She wasn't too bright. Also, what type of career is she seeking?
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06-09-2015, 06:51 AMtmartinRe: Two Violations in One Night for Minor in Possession
I'm not sure if it is B&P or local. I would have to look those up. also, she is thinking about marketing/communications.
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06-09-2015, 12:38 PMcdwjavaRe: Two Violations in One Night for Minor in PossessionWhat are the numbers on the citation?Quote:
Quoting tmartin
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06-10-2015, 07:17 AMtmartinRe: Two Violations in One Night for Minor in Possession
sorry it took so long to get back. I'm having some trouble navigating the forum.
The citations are 25662 (a) BP & 25667 (a) BP (this second one is very hard to read, it may be a 2 also) -
06-10-2015, 06:50 PMcdwjavaRe: Two Violations in One Night for Minor in PossessionI'm confused as to why he'd be cited for 25667 as that provides an exception to prosecution and is not a criminal offense. Perhaps you read that one wrong.Quote:
Quoting tmartin
B&P 25662(a) provides for a mandatory 12 month license suspension by the court (VC 13202.5) if convicted. -
06-10-2015, 08:38 PMtmartinRe: Two Violations in One Night for Minor in Possession
I think they may both have been 25662 the one citation was very hard to read. Do you think that since there are two so close together they would combine the one year suspension or possibly double it and make a two year license suspension?
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06-10-2015, 10:06 PMcdwjavaRe: Two Violations in One Night for Minor in PossessionI can't see how one could be cited for two violations of 25662 for a single incident ... that doesn't make much sense. But, maybe the officer could clear that up.Quote:
Quoting tmartin
In any event, I suspect that this will result in a single one year suspension. Although, it appears to be possible for the court to count these as two separate convictions under the right circumstances and impose a second year's suspension.