What are the mandatory consequences of a MIP citation for an 18 year-old?

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What are the mandatory consequences of a MIP citation for an 18 year-old?

He was at a campsite and the forest service breathalized him at .02. Should I speak with a criminal law attorney? In Kern County, CA.

Asked on February 15, 2011 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

A minor in possession (MIP) can be a misdemeanor offense which can result in a misdemeanor conviction on a minor's criminal record.  This can have a significant impact on theirr future since criminal record is a matter of public record.  Therefore, employers, colleges or universities, and anyone else can view the record.  This could jeopardize scholarships, college applications, employment, professional licenses, etc. More specifically, if convicted, a minor's license will be suspended for an entire year - even if a vehicle was not involved. This penalty is mandatory for a conviction.  Additionally, a conviction also includes a $250 fine (as well as the responsibility of paying for any court costs, fees and assessments the judge feels is approprite), or 24 to 36 hours of community service.

A minor should not just pay the fine.  They need to realize that penalties under the law only arise with a conviction.  Accordingly they should consult with a criminal defense attorney on the matter.  Such an attorney can use their knowledge of the specific procedures used in different courts and in front of different judges to determine just what legal tactic is best to obtain the most advantageous result.  They can negotiate a plea or win an acquittal at trial.   For example, often a negotiated plea will result in a conviction for a minor infraction rather than a misdemeanor charge which will allow the minor to keep their driver's license and pay only a small fine with no probation.


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