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Christoph Law Offices, DUI & Criminal Defense
Criminal Defense 40 + Years Experience

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760-670-3885

Christoph Law Offices, DUI & Criminal Defense
Christoph Law Offices, DUI & Criminal Defense

HIGHEST RATING IN LEGAL ABILITY
AND ETHICAL STANDARDS

  • Top Lawyers - San Diego Magazine
  • Former Deputy San Diego City Attorney
  • Former USMC Captain
  • Located Directly Across From Vista Courthouse
  • Over 150 Five Star Reviews on Google and Yelp

Attorneys William R. Christoph & Nicholas W. Christoph

Minor in Possession of Alcohol Affects Your Driver’s License

On Behalf of | Nov 2, 2013

Minor in possession (MIP)of alcohol affects your license.  California Vehicle Code 13202.5 states that the Judge SHALL suspend the license for one year of anyone under 21 years of age convicted of certain drug and alcohol offenses like MIP, regardless whether they were driving at the time.  The Court can grant a resricted license for work and school etc. for a minor in possession case, however it needs to be addressed in negotiations or at sentencing.  

MIP is a misdemeanor punishable by up to 6 months jail and $1000 fine, however jail is not generally imposed,  see California Business and Professions Code 25662 (a) for a complete review of the law.  Many times minor in possession of alcohol  gets filed as an infraction, where there is only a fine and license suspesnion.  As an infraction, you do not have a right to a Jury trial, commissioner or Judge alone.  It is less serious and is not a misdemeanor which is a more serious offense.  Setting these cases as infractions for trial, accomplishes two things.  It can result in a dismissal if the officer does not show, and if he does, it allows any defense to be aired.  Many times at infraction trials, if the officer is present the Judge will indicate that he will allow a restricted license if you wwant to resolve it before trial, he still may allow it later but there is a risk.  

Often attorneys may object to an infraction filing and the Court will then reinstate the misdemeanor.  Few Traffic Courts have any negotiations possible. The reason this is done is to get it into the Misdemeanor Court instead of the Traffic Court where it can be negotiated to a non alcohol offense as an infraction with no suspension, or even dismissed with some AA meetings.  It is a risky strategy, but attorneys who do these regularly know exactly what will happen before they do it.  Attorneys Nicholas and William Christoph handle these regularly in the Vista and San Diego Courts for over 30 years and can help get the best resolution.  Call 760-670-3885 for a free consultation.

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I highly recommend Christoph Law Offices to everyone. Nick is a true professional who will go above and beyond for his clients. Thank you!
– Mahir B.

AMAZING ATTORNEYS!

Amazing attorneys! Bill Christoph was very helpful during my case. He was always quick to get back to me about my questions.
– Collin W.

EXPERT IN HIS FIELD

Great experience overall having William Christoph as my attorney. He understands his client, very insightful and is an expert in his field.
– Soheila N.

Defending Against DUI and Criminal Charges Throughout San Diego County

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