My question involves criminal law for the state of: california
I am 17, visiting UCSB to decide what college to attend. The house I was staying at had a party and I walked outside with an open, but unconsumed beer - and immediately got a ticket. What do I do? I hear I could lose my license? The only thing written is the 23662 BP... there's an MIP but nothing circled... I live in San Diego... how can I make sure I don't have to return to SB and is there a way to advocate so I do the community service thing and NOT lose my license? What can I do to not be 'convicted'? Also, I turn 18 on 5/10 - will this still be "minor" and gone on my adult record?
25662BP At UCSB
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04-12-2008, 07:31 AMforks_vs_spoons25662BP At UCSB
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04-12-2008, 08:44 AMHappy TrailsRe: 25662BP At Ucsb
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04-12-2008, 09:15 AMforks_vs_spoonsRe: 25662BP At Ucsb
thanks for those links. SO... I will lose my license, but I may be able to have it "restricted" not completely gone?
ALSO - do I just wait for the notice to come in the mail? Will I have to return to SB or can I do whatever I will have to do in SD? -
04-12-2008, 09:21 AMHappy TrailsRe: 25662BP At UcsbRight...Quote:
Quoting forks_vs_spoons
I would assume you will get mailed a notice. You will have to handle the charge in Santa Barbara.Quote:
Quoting forks_vs_spoons
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04-12-2008, 06:00 PMforks_vs_spoonsRe: 25662BP At Ucsb
Are you serious? I may have to appear in court in SB? Can I claim hardship for getting back up there and appear in SD? Thanks for responding...
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04-12-2008, 06:05 PMHappy TrailsRe: 25662BP At UcsbWhat is SD? South Dakota?Quote:
Quoting forks_vs_spoons
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04-12-2008, 07:06 PMforks_vs_spoonsRe: 25662BP At UCSB
I'm sorry - San Diego. Is that enough distance for a "hardship to appear"?
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04-13-2008, 10:40 AMcdwjavaRe: 25662BP At UCSB
The case must be handled in the court of jurisdiction - in this case, Santa Barbara.
These are often tried in traffic court, so you may be offered an opportunity to plead guilty and pay a fine through the mail. However, your license will still likely be suspended. Once suspended, you may seek a restricted license to allow travel to and from school or work (and that does not mean to parties on the weekends, or even trips to Santa Barbara).
And, no, this conviction will NOT just go away when you turn 18. Once it is resolved, you can apply to have your juvenile record"sealed" but that just means it is not available for general scrutiny - law enforcement and the courts will still have some access to it.
- Carl -
04-13-2008, 01:24 PMforks_vs_spoonsRe: 25662BP At UCSB
I just took a closer look at my ticket. The arresting officer wrote down my age as 18 - even though I am not 18 until 5-10-90!!! What can I do about that??? It is incorrect... I am 17.
Also - misdemeanor is NOT checked... but neither is Infraction... the written comments are hard to discipher but are probably:
4IE (1) open can of natural ice - poured out
I threw the can I was so freaked - they came up on me without any lights - on bikes - and tapped me on the shoulder - I turned around to see who tapped me... it was the cop on his bike - geesh!!!
Anyway - any other advice, and what to do about the incorrect age thing... -
04-13-2008, 01:28 PMcdwjavaRe: 25662BP At UCSB
The age thing does not change the crime ... it might, however, change where it is to be heard.
Find out where you have been cited to appear. If it is to anything but traffic court, you may have a jurisdiction issue. But, that does not mean you get out of anything - the court will likely just transfer the case to juvenile court.
You might consider making a few calls ... perhaps, first, to the citing officer's agency and then to the court where you are supposed to appear.
- Carl