Someone under 21 gets cited for minor in possession of alcohol (MIP) in San Diego it does not seem like a big deal. It is just a ticket. But a closer look into the MIP charge can illuminate someone that this is no speeding ticket.
First, the charge can be a misdmeanor. Someone (especially those under 21) do not want something on their record. In a few years they will be applying for jobs, graduate schools, etc. More pressing is the fact that a MIP conviction (even as an infraction) can cause a person to lose their license for a year. That can hurt a young persons current setup. They may live off campus. They may have jobs. It is a very stiff sanction. Obtaining an attorney to get the best resolution is worth the investment.
If you or someone you love is charged with a DUI or other crime you need to call our office now at (858) 751-4384 for a free consultation. Below is more information on the charge of Minor in Possession of alcohol.
MINOR IN POSSESSION OF ALCOHOL 25662 Business & Professions Code
There are several legal defenses that apply to this law.
- The minor didn't actually possess the alcohol (it wasn't his/hers),
- The minor was delivering it under orders from a boss / parent / guardian and only possessed it for that limited purpose,
- The alcohol was discovered during an illegal search and seizure, or
- The minor otherwise acted responsibly by calling 911 to report that he or another minor needed medical attention.
If you or a loved one have been charged with as a minor in possession of alcohol or selling alcohol to a minor, call The Law Office of Mark Deniz to help protect your rights. You want a former prosecutor in your corner. I spent years as a negotiating Deputy District Attorney and Deputy City Attorney. If there an good resolution for you it can be achieved with experience. Students and military receive discounts.
Although Business and Professions Code 25662 BP is only punishable by community service and/or a fine, it is nevertheless a misdemeanor. This means that a conviction will become part of one's permanent criminal record, which is why it is critical to fight this charge.
In addition, Vehicle Code 13202.5 VC provides that a conviction for violating California's minor in possession law will result in a one-year suspension of the minor's driver's license or a one-year delay in his opportunity to obtain a driver's license if he is not old enough to obtain a license. This law further provides that an additional one-year suspension will be added to each subsequent underage alcohol or drug-related conviction that he suffers.
Contact the Law Offices of Mark Deniz to defend your rights. Call 858-751-4384.
25662. (a) Except as provided in Section 25667, 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. (b) Unless otherwise provided by law, where a peace officer has lawfully entered the premises, the peace officer may seize any alcoholic beverage in plain view that is in the possession of, or provided to, a person under the age of 21 years at social gatherings, when those gatherings are open to the public, 10 or more persons under the age of 21 years are participating, persons under the age of 21 years are consuming alcoholic beverages, and there is no supervision of the social gathering by a parent or guardian of one or more of the participants. Where a peace officer has seized alcoholic beverages pursuant to this subdivision, the officer may destroy any alcoholic beverage contained in an opened container and in the possession of, or provided to, a person under the age of 21 years, and, with respect to alcoholic beverages in unopened containers, the officer shall impound those beverages for a period not to exceed seven working days pending a request for the release of those beverages by a person 21 years of age or older who is the lawful owner or resident of the property upon which the alcoholic beverages were seized. If no one requests release of the seized alcoholic beverages within that period, those beverages may be destroyed. (c) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law, including, but not limited to, Section 13202.5 of the Vehicle Code.