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Second Offense MIP in California

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  • 10-28-2007, 12:54 PM
    Kpooster12
    Second Offense MIP in California
    I'm 20 years old and just got my second MIP in santa barbara, CA. My first was over 2 years ago when i was 18 in Los Angeles county, i went to alcohol awareness classes and had to pay a fine so the charge would not be on my criminal record. But the officer that gave me the second ticket said that my license could be taken away for a year. What is the likelihood of them actually doing that and how should i go about taking care of this? thanks.
  • 10-28-2007, 01:04 PM
    moburkes
    Re: 2nd offence MIP in CA
    You need rehab, but in the meantime, I'll look it up for you, if you provide the statute number.
  • 10-28-2007, 01:08 PM
    Kpooster12
    Re: 2nd offence MIP in CA
    the number for the violation is 25662(a). Would they make me go to rehab instead of school, or would i do both at the same time? thanks
  • 10-28-2007, 01:17 PM
    moburkes
    Re: 2nd offence MIP in CA
    25662. (a) Any person under the age of 21 years who has any
    alcoholic beverage in his or her possession on any street or highway
    or in any public place or in any place open to the public is guilty
    of a misdemeanor and shall be punished by a fine of two hundred fifty
    dollars ($250) or the person shall be required to perform not less
    than 24 hours or more than 32 hours of community service during hours
    when the person is not employed or is not attending school. A
    second or subsequent violation shall be punishable as a misdemeanor
    and the person shall be fined not more than five hundred dollars
    ($500), or 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. This
    section does not apply to possession by a person under the age of 21
    years making a delivery of an alcoholic beverage in pursuance of the
    order of his or her parent, responsible adult relative, or any other
    adult designated by the parent or legal guardian, or in pursuance of
    his or her employment. That person shall have a complete defense if
    he or she was following, in a timely manner, the reasonable
    instructions of his or her parent, legal guardian, responsible adult
    relative, or adult designee relating to disposition of the alcoholic
    beverage.
  • 10-28-2007, 01:21 PM
    Kpooster12
    Re: 2nd offence MIP in CA
    thanks alot man that really helped
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