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  1. #1

    Default MIP and Open Container

    My question involves criminal law for the state of: California

    First and foremost i am dumb.

    Me and my buddy's went to the desert this weekend, we were roaming around through the desert and decided heck lets crack open a beer there is not a person around in miles. Suddenly a ranger comes over a peak right in front of us. Bad news bears. Luckily our driver a close friend of mine was not drinking because we all know DUI's are a lot of trouble. Long story short me and the other passenger got busted for MIP (20 yrs old) and open container in a vehicle. I am a little confused because everywhere i look it says its a 200$ fine.

    My ticket says 50$ + 25$ processing for the underage drinking. The second ticket for the open container is 100$ + 25+ processing. Does this seem low? The cop was nice and we all cracked our a jokes. Did he let me off easy? This desert is four hours away from home and i don't mind pleading guilty for the crimes that i am guilty of. However it say's online that my license may be suspended. That is something i cannot have happen considering i work full time and work is quite far. Should i drive all the way back and plead not guilty in court or plead guilty and pay the fine. Will my license be suspended? He didn't say anything about this when i asked him the punishments he just said pay the ticket and you wont get a warrant.

    The ticket was issued by U.S. Bureau of Land Management does this change anything?


    Violation codes
    CFR - 43 cfr 8365 1-6 (underage drinking)
    CFR 43 cfr 8341 1 (d) (open container)


    this officers writing is really hard to read.

    Also my other friend who received the ticket said the cop told him his license wouldn't get suspended.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: MIP and Open Container

    You were extremely lucky you got the federal ticket. If you had gotten the state MIP citation, you'd have lost your license for a year. The VC section that covers that suspension specifically lists the CALIFORNIA statutes that it applies to. It doesn't have any provision for the federal regulation violations. The fine is also SUBSTANTIALLY less than what you'd have been facing for the state violations.

  3. #3

    Default Re: MIP and Open Container

    Quote Quoting flyingron
    View Post
    You were extremely lucky you got the federal ticket. If you had gotten the state MIP citation, you'd have lost your license for a year. The VC section that covers that suspension specifically lists the CALIFORNIA statutes that it applies to. It doesn't have any provision for the federal regulation violations. The fine is also SUBSTANTIALLY less than what you'd have been facing for the state violations.
    Is this for sure the federal ticket?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: MIP and Open Container

    Quote Quoting SchmisterTyler
    View Post
    Is this for sure the federal ticket?
    Yes.

    The CVC lists specific code sections for which a conviction will result in a mandatory license suspension. No CFR sections are indicated.

    You were cited pursuant to Title 43 of the Code of Federal Regulations as they pertain the Public Lands. This appears to be related to an off-road use area.

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