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  1. #1
    Join Date
    Apr 2009
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    5

    Default MIP in California, First Offense

    My question involves criminal law for the state of: California

    Basic story goes: Me and a couple friends were dirtbiking during the day, and had a fire going at night, being teenagers, we decide some beers while eating would be nice, we weren't going anywhere and had tents set up. Apparently we were being too loud, so the rangers came. I had a beer in my hand, but when I saw them I put it away from me. I denied having anything in my hand, but they still wrote me a ticket. I was cooperative with them so they wrote that on my citation.
    I got it Jan 10 2009, My court date was set for March 10 2009, I showed up after the hour drive and my name was not on the list, I talked to the DA and she said they may or may not file. I called 3 weeks later and now have a court date for April 21st, but I got no notice in the mail. I might have to delay the date, my birthday (19th) is the day before and I may be gone.

    What is the worst that can happen going by myself?
    Do they usually give license suspension on the first offense with a clean record?
    Should I be able to get a restricted license with a full time job and going to school full time?
    I've heard I can ask for a petty misdemeanor and everything should be less.

    Thanks!

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

    Default Re: MIP in California, First Offense

    What code section have you been charged with?

    - Carl

  3. #3
    Join Date
    Apr 2009
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    5

    Default Re: MIP in California, First Offense

    BP 25662a

    Do I really have to write to the judge for a continuance?

  4. #4
    Join Date
    Apr 2009
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    5

    Default Re: MIP in California, First Offense

    Anyone? I'm just wondering if I should get a lawyer.. or just go at it myself.

  5. #5
    Join Date
    Sep 2005
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    California
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    Default Re: MIP in California, First Offense

    Quote Quoting MustangGuy
    View Post
    Anyone? I'm just wondering if I should get a lawyer.. or just go at it myself.
    Here is the section:

    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.

    So, either a fine or community service for a first offense.

    Additionally, the Vehicle Code states that such a conviction SHALL result in a one year suspension of your license (CVC 13202.5). Yes, you can apply for a restricted license if you can show good cause but generally it will be issued only after a short period of suspension.

    You can deal with it yourself if you wish, or, you can hire an attorney. No one here is going to say what YOU should do, but it is never a bad idea to at least consult an attorney as there may be issues involved with such a conviction that could effect other matters of concern to you.

    - Carl

  6. #6
    Join Date
    Apr 2009
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    5

    Default Re: MIP in California, First Offense

    I do not see why it is a year suspension, people make mistakes. But what I have read generally they do not get suspended for a year. I have enough cause and reason to get a restricted license.

    I'm going to talk to an attorney, and see if I can just get a fine and community service, or something of that sort. I can't afford to lose my license.

  7. #7
    Join Date
    Sep 2005
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    California
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    Default Re: MIP in California, First Offense

    Quote Quoting MustangGuy
    View Post
    I do not see why it is a year suspension, people make mistakes. But what I have read generally they do not get suspended for a year. I have enough cause and reason to get a restricted license.
    The Vehicle Code requires the suspension, but does permit a restricted license to be granted.

    I'm going to talk to an attorney, and see if I can just get a fine and community service, or something of that sort. I can't afford to lose my license.
    Perhaps you can get some form of diversion that will allow you to keep it ... however, this sort of thing varies by county and may not be available where you are.

    Oh, and the time to think about consequences is before you commit the crime. Yes, it's a relatively minor one, but you DID know it was against the law.

    Bottom line: If you are underage and you drink, stay indoors ... in your OWN home.

    - Carl

  8. #8
    Join Date
    Apr 2009
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    5

    Default Re: MIP in California, First Offense

    That is true, I learned my lesson obviously, did not think it was going to be this extreme though.

  9. #9
    Join Date
    Sep 2005
    Location
    California
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    Default Re: MIP in California, First Offense

    Quote Quoting MustangGuy
    View Post
    That is true, I learned my lesson obviously, did not think it was going to be this extreme though.
    Be prepared to petition the court for a hardship license at the outset and maybe the court will consider it. It is likely you may be unlicensed for one to three months before hardship is granted, but that may not be a universal truth, only what I have seen in the three counties where I have worked full time.

    - Carl

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