A minor in possession (MIP) of alcohol or marijuana conviction triggers a 1 year driver’s license suspension in addition to any fine or other penalties. However, the Court does have the ability to grant a restricted license for work, and school etc. It is important to at least get a consultation with an attorney who regularly handles these in your area for a better overview of local Court policy. In San Diego County, the D.A. may, depending on the circumstances, negotiate this charge to a lesser non-alcohol offense as an infraction which avoids all those issues.
Sometimes the minor in possession cases can even be dismissed if the individual does some community service and attends some AA meetings or a MADD Class. The only problem is, in order to get the D.A. to even look atr the case in San Diego it needs to be filed as a misdemeanor. If you knew that was the way these cases are resolved, you may be able to object to the filing of a minor in possession of alcohol as an infraction, but it may be a risky gambit without knowing how they are handled. Also a misdemeanor may be reflected differently than an infraction on your record. As an infraction, it is like a traffic ticket at trial with a commissioner no jury, and is usually punishable by a fine only in addition to the license suspension. If the officer fails to show for trial, the case will be dismissed.
Christoph Law Offices have handle these cases on a regular basis over 30 years in North County. Call 760-941-5720 for a free consultation.
