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California Business and Professions (BP) Code section 25662 states that "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." California Vehicle Code Section 13202.5 states that when a person is convicted of violating BP 25662, "the court shall suspend the person's driving privilege for one year." Research the Law DON'T LOSE YOUR LICENSE TO DRIVE If you plead guilty or "no contest" or are convicted of being a Minor in Possession of Alcohol (MIP), you will lose your license to drive for one year. The Court will send proof of your conviction to the Department of Motor Vehicles (DMV), they will suspend your license, and then make it difficult if not impossible to get a Critical Need Restricted License. It won’t matter to the DMV if you have to drive to school or work or both. Your only hope may be to petition the Court for a restricted license. CONSIDER FIGHTING YOUR CASE All crimes have elements that must be proved in Court. If you were not under 21, if you did not possess alcohol, or you were not in a "public place" or a "place open to the public" then you might be not guilty of the charges, despite what the officer who arrested you or wrote you the ticket says. Never plead guilty or no contest without first seeing the police report and any other evidence the Government has against you. PROTECT YOUR DMV RECORD In addition to losing your license for one year, the MIP suspension on your DMV record will be used against you in the future if you are charged with another alcohol offense or any other offense that effects your license to drive. You may also face substantial increases in your vehicle insurance because of the conviction and you could be denied certain jobs or licenses. Understanding the full consequences of what happens in your case includes what happens to your driving record at DMV after Court is over. COURT TRIALS VERSUS JURY TRIALS If you do not want to plead “Guilty” or “No Contest" you have the right to a trial. If you are charged with an infraction, you have the right to a Court Trial and that means that a Judge hears the evidence and decides if you’re guilty, not a Jury. If you are charged with a misdemeanor you have the right to a Jury Trial where twelve people from the community hear the evidence and decide the facts. In any trial you have the right to see, hear, and challenge all of the evidence the State has against you. KNOW YOUR RIGHTS There are too many bad consequences to a conviction to make mistakes in Court. You should fully understand your Rights, the Evidence against you, and your options when you are charged with Minor in Possession of Alcohol or any crime. I can help you through the Court process and petition the Court to grant you a restricted license and in most cases you’ll never have to go to court. Call me today at (530) 898-1111 and schedule a free consultation. LOCATION I represent clients in Minor in Possession of Alcohol cases and any California State Criminal Case in the following communities and surrounding areas:
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