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  1. #1
    Join Date
    Feb 2008
    Posts
    1

    Default MIP 25662(a) Infraction

    I'm 19 (soon to be 20) and in California (San Diego to be exact) and this past weekend I was cited for and MIP 25662(a) Infraction. I was at this sporting event when my boyfriend asked me to hold his beer while he went to the bathroom. I thought nothing of it and help his beer for him, the next thing I know I was being tapped on the shoulder by an undercover cop and he ended up giving me a ticket. I understand I was in possession of the beer at the time but it wasn't mine and on top of that I wasn't ever drinking. I wish they would have breathalized me to prove that. Basically I just wanted to know the charges I'll receive for this. I've been reading about MIP for a couple days now and have found many different cases. I read that I would have to pay a find, do some sort of program, do community service, or worst of all get my licenses suspended for a year. I honestly can't afford to loose my license at this point because I'm a full time student and when I'm not going to school I'm helping my parents out by picking up my younger sibilings from school/sports/etc. And if I get my licenses suspended I'm going to have to drop out of school cause my parents would take the car away. Is there any way around the licenses suspension and just having to pay a fine and do some program or community service? Please give me some advice. Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: MIP 25662(a) Infraction

    Quote Quoting m5a7h88
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    I understand I was in possession of the beer at the time but it wasn't mine and on top of that I wasn't ever drinking. I wish they would have breathalized me to prove that.
    BP 25662 is about POSSESSION, not about consumption or even ownership. It does not matter whose drink it was or even if you had any or not.

    I read that I would have to pay a find, do some sort of program, do community service, or worst of all get my licenses suspended for a year.
    The Vehicle Code requires a judge to ask the DMV to suspend your license for a year upon conviction. However, you can petition the court for a restricted license (allowing for operation to and from work).

    A first offense is a misdemeanor and is punished thus: the subject "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."

    And if I get my licenses suspended I'm going to have to drop out of school cause my parents would take the car away.
    Hogwash. There are plenty of ways to get to school without a license - people did it for a very long time in this country. When I went to college, I did not have a car for most of that time and I managed to make it there on time ... busses, friends, and even bicycle riding are always options. Making this plea and telling the court you will have to drop out of school will likely anger most judges as they know that's a cop-out.

    Is there any way around the licenses suspension and just having to pay a fine and do some program or community service? Please give me some advice. Thanks.
    The CVC mandates a suspension upon conviction. If you want to avoid it, hire an attorney and see if they can arrange a plea deal to another offense that does not include a license suspension ... of course, that might look worse to potential employers down the road depending on the offense that might be negotiated.

    - Carl

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