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  1. #1
    Join Date
    Jun 2007
    Posts
    2

    Default MIP in California

    On the night of Cinco de Mayo, I was driving my friend home who was totally drunk. I was a DD and was sober (I blew a 0 and passed all sobriety tests easily), and we were listening to music. We wanted to change cd's but my cd case was in the trunk so I pulled into a parking lot to get it. After I had my car parked, a cop came in and asked us what we we're doing. He then looked in my car and saw that my drunk friend had an open 40 oz. bottle of beer with him. After the cop searched my car, he wrote each of us up with a MIP.
    What penalties am I looking at and will my license be suspended? This is a first-offense and I've maintained a clean record before this happened.

    Thanks,
    Jared

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: MIP in California

    Are you charged with the misdemeanor offense or an infraction?
    Quote Quoting California Business & Professions Code § 25662(a)
    (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.
    There's also a one year driver's license suspension associated with conviction. I suggest consulting a lawyer. If you're charged with a misdemeanor the lawyer may be able to help get the charge reduced to an infraction, and even if not they may be able to identify a defense available to you that is not apparent from the facts you have provided. Also a lawyer should know if your local judges will issue a restricted license (e.g., for driving to school or work) during the period of suspension.

  3. #3
    Join Date
    Jun 2007
    Posts
    2

    Default Re: MIP in California

    I was charged with a misdemeanor, along with my passenger

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