How couldI be punished for a misdemeanor M.I.P. with an open alcoholic beverage?
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How couldI be punished for a misdemeanor M.I.P. with an open alcoholic beverage?
This is my first offense and I am 19 and a full-time student and worker. I signed the ticket, however there was no evidence that I drank the alcohol and I wasn’t driving at any point. I’m really just hoping to avoid probation, as this would make working and going to school nearly impossible.
Asked on December 4, 2011 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You do not need to be driving to be cited for such an offense. Additionally, you need not be actually drinking. You merely need to be a "minor in possession" of alcohol. That having been said there are several legal defenses that apply to this law. For example: you didn't actually possess the alcohol (it wasn't yours); you were delivering it under orders from a boss or parent, etc and only possessed it for that limited purpose; the alcohol was discovered during an illegal search and seizure; or you otherwise acted responsibly by calling 911 to report that you or another minor needed medical attention.
While this offense is only punishable by community service and/or a fine, it is nevertheless a misdemeanor, a criminal offense. This means that a conviction will become part of a person's permanent criminal record. Additionally, the vehicle code provides that a conviction for an MIP will result in a 1 year suspension of the minor's driver's license or a 1 year delay in their opportunity to obtain a driver's license if he is not old enough to obtain a license. This law further provides that an additional 1 year suspension will be added to each subsequent underage alcohol or drug-related conviction.
A conviction for MIP will appear on your criminal record. This can impact your ability to become a doctor, lawyer, teacher, accountant, or other licensed professional. It must also be disclosed employers and many college/graduate school applications ask whether you have been convicted of a crime.
At this point, you should consult with a criminal/DUI attorney in the area in which this happened.
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