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  1. #1
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: MIP in California

    Quote Quoting Greggggg
    View Post
    I've read through various threads about this but im still confused. First thing is that my citation doesn't say whether its 25662 a or b all it has is 25662 BP or at least what looks like a BP. the writing is very faded. Second thing is that at the top misdemeanor, traffic and non traffic boxes are all not checked. so which one would i be charged for?
    It's a misdemeanor but is often charged as an infraction.

    You have been charged with the (a) section - the (b) section is the authority for law enforcement to seize liquor in the possession of minors and the procedure to store and dispose of it.


    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.

    the main reason im worried is that because im confused on whether or not i will lose my license.
    Upon a conviction, the court "shall" suspend your license for one year. You may request a restricted license after the suspension, however.

    See CVC 13202.5


    - Carl

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