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MIP california, alcohol 18 years old?
I just got a Minor in possession of alcohol. I'm 18 years old. It is a 25662 a BP. It was found in the car. I have read multiple places that my license will be suspended for a year. It is a misdemeanor in California. It was checked no under correctable violation. I heard the fine is up to 250$ or 32 hours of community service. Is that accurate? Also, is it for certain that my license will be suspended? is there any way I can get restrictions on my license, such as, going to and from school/work? this is my first offense. I also am curious as to whether or not I can get this off of my record. And, the officer did not ask to check our vehicle but instead searched it without asking. But claims she asked the driver, who did not hear her ask. She also stated that because there were minors in the car, who were already breaking the law, she has the right to check the car or something like that. Please answer.
4 Answers
- Anonymous1 decade agoFavorite Answer
The charge can be filed as either a misdemeanor or an infraction, but either way a conviction carries a one year license suspension (NOT until you are 21). However, most courts have alternatives to conviction, such as diversion programs. If it is filed as a misdemeanor, and you cannot afford an attorney, one will be appointed for you. There is not enough information here for me to offer any opinion on the legality of the search.
Source(s): 35+ years as a criminal defense attorney - Anonymous5 years ago
"My now ex wife left and moved in with another man." Putting on my internet armchair psychiatrist hat I'd guess she is feeling abandoned by her mother and with you starting to prioritize your free time to your new girlfriend it feels like more of the same to her. My advice would be to find ways to spend more time with her without giving up your authority and leadership position as a father. This might involve some outings with your daughter(s), or it might just be you making it a point to be in the home keeping order when not at work, even if your daughter is still basically doing her own thing. However, it is important that you not make a big show of doing this because of her complaints, and I also wouldn't make a big deal out of not having time with the girlfriend. She needs to know that you are still there, but she also still needs to see you as her father, the head of the household. If you do this from a frame of appeasement it won't work. She needs an anchor point in a time of chaos. Be gentle, but be strong. You don't have much time left to be a stabilizing force in your youngest daughter's life. Focus on that and don't harbor any resentment that it cuts into your romantic life. Fortunately you are in a strong position in what we call the dating/mating marketplace. While it was your wife who walked out thinking she could do better, the reality is this is incredibly unlikely. It is extremely common in these situations for the ex husband after a year or two to end up with a significantly younger and prettier new girlfriend, while the ex wife finds herself with very slim options. The men who will offer her even minimal commitment aren't the men she is attracted to, and the men she is attracted to aren't interested in anything beyond no strings sex (and often not even that). That you found a girlfriend so quickly after something so devastating shows that you are on the track I'm describing. I mention this because the first girlfriend wasn't a fluke, so don't worry that if you focus on your girls now you won't be able to find someone else in a year or two if your girlfriend won't stick around while you make being a father your first priority. Check out the OK Cupid link in the sources below to understand what a strategic error your wife made when she walked out on you. Good luck! Take care of your daughters first, and know that you have good things in front of you.
- Anonymous1 decade ago
Minors drinking gave her a right to check the car.
If the alcohol was in the car a suspension is mandatory. The Judge has no discretion.
Talk to a lawyer about a "hardship" license.
The first appt. is usually free.
- sensible_manLv 71 decade ago
In CA and AR, you can lose your drivers license up to age 21 for MIP conviction. Normally, it is less than one year for first violation, but you could also be required to carry SR-22 insurance.