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MIP - Difference Between Infraction and Misdemeanor Charges

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  • 02-01-2007, 12:42 AM
    johnmadden1221
    MIP - Difference Between Infraction and Misdemeanor Charges
    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.
  • 02-01-2007, 10:16 AM
    Happy Trails
    Re: MIP (difference b/w infraction and misdemeanor?)
    Quote:

    Quoting johnmadden1221
    View 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.

    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. :confused:
  • 02-01-2007, 11:29 AM
    johnmadden1221
    Re: MIP - difference between infraction and misdemeanor
    an infraction (especially in this case) is a lesser offense than a misdemeanor correct?
  • 02-01-2007, 11:41 AM
    johnmadden1221
    Re: MIP - difference between infraction and misdemeanor
    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"??
  • 02-01-2007, 11:45 AM
    Happy Trails
    Re: MIP - difference between infraction and misdemeanor
    Quote:

    Quoting johnmadden1221
    View Post
    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.
  • 02-01-2007, 02:44 PM
    johnmadden1221
    Re: MIP - difference between infraction and misdemeanor
    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?
  • 02-01-2007, 06:13 PM
    cdwjava
    Re: MIP - difference between infraction and misdemeanor
    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
  • 02-01-2007, 06:57 PM
    johnmadden1221
    Re: MIP - difference between infraction and misdemeanor
    can an infraction still result in me losing my license?
  • 02-06-2007, 03:51 PM
    johnmadden1221
    Re: MIP - difference between infraction and misdemeanor
    will someone please reply to my last post on this thread
  • 02-06-2007, 08:48 PM
    aaron
    Re: MIP - difference between infraction and misdemeanor
    It isn't even clear how you could be charged with an infraction under an ordinance that is punishable only as a misdemeanor.
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