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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default California MIP

    My question involves criminal law for the state of: California

    Hi, I'm 19 years old and while visiting a buddy in San Luis Obispo, I was charged with a minor in possession (open beer can). It says on my ticket that this is not correctable, is that normal? This is my first MIP/misdemeanor, and I have heard that first time offenders are given the option of taking an 8 hour alcohol education course in order to avoid the 1 year license suspension. Would this only be applicable for students attending the college, or would I be able to drive down and take a course to avoid this messy situation? Also, if it comes down to it, how should I go about requesting a restricted license so this doesn't affect school/work? Should I look into getting an attorney? a bike?

    In addition, I've heard 2 things: that a change of venue may be best in order to avoid the police officer, and that they may or may not be more lenient in a college town. I live 3 hours away, up north, and the court date is on a school day. Any help would be very appreciated.

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

    Default Re: California MIP

    Quote Quoting SLO
    View Post
    Hi, I'm 19 years old and while visiting a buddy in San Luis Obispo, I was charged with a minor in possession (open beer can). It says on my ticket that this is not correctable, is that normal?
    Yep. A "correctable" violation is a mechanical or registration type of violation on a motor vehicle, or a driver's license issue.

    What code section were you cited for?

    The penalty would depend on the code section cited. If it is 25662(a) it is punishable "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."

    The court SHALL suspend your license for one year if convicted, but they can offer a restricted license if a critical need to drive can be demonstrated (per CVC 13202.5).

    - Carl

    This is my first MIP/misdemeanor, and I have heard that first time offenders are given the option of taking an 8 hour alcohol education course in order to avoid the 1 year license suspension. Would this only be applicable for students attending the college, or would I be able to drive down and take a course to avoid this messy situation? Also, if it comes down to it, how should I go about requesting a restricted license so this doesn't affect school/work? Should I look into getting an attorney? a bike?

    In addition, I've heard 2 things: that a change of venue may be best in order to avoid the police officer, and that they may or may not be more lenient in a college town. I live 3 hours away, up north, and the court date is on a school day. Any help would be very appreciated.[/QUOTE]
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: California MIP

    Thanks for the reply. I believe the code citation number was 25662, does that make any difference? What exactly qualifies as a "critical need" to drive? I'm getting a job and taking classes at a local junior college Monday through Thursday.

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