Minor in Posession in Berkeley, California

[nksawhney]

Hi, I just needed some advice regarding MIP in Berkeley, CA. I got cited last night for a minor in posession (25662[a]) for holding a glass of wine of my friend, who was also a minor, in a public parking lot. I was wondering what the penalties are for such a citation, and if the fact that the cop did not check to see whether we had consumed alcohol plus the fact that the container was a single glass of wine could significantly help me reduce the penalties if i go to court. thanks a lot, any help appreciated.What is the name of your state?What is the name of your state?

[rmet4nzkx]

No they don't have to prove you consumed the alcohol, you could have been charges with worse.
25662 B&P - MINOR IN POSSESSION OF ALCOHOL (MIP)

DEFINITION:
Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor.

PENALTY:
A person convicted of a "Minor in Possession" includes a mandatory court appearance, as well as a mandatory suspension of your drivers license for a year, up to $675 in fines, or proof of completion of the Youth Offender Program.

[CdwJava]

You were charged with possession and not consumption. There is community service and other issues involved with a conviction, plus a possible license suspension by the court.

- Carl

[undecided2776]

i remember cdwjava previously posting in another thread that santa barbara MIPs do not carry a one year license suspension but i may be wrong. search the forums and find out. If they do suspend your license, there is a good possibility (please elaborate if anyone knows) that you may be able to achieve a restricted license.

From my personal experience the restriction is issued by the court, therefore the DMV will grant you permission to keep your license. However, if you are ever pulled over and your license is run then they will see the court suspension. I suggest you go to court, well you HAVE to appear anyways. Ask for a restricted license to and from work, school, and in the scope of work. Bring your school schedule, work schedule, paystubs, receipts for school, and as much information as possible. I doubt they will ask for it, but it never hurts.

[CdwJava]

On a conviction for B&P 25662 the court SHALL suspend the licence ... AFTER the suspension the court may entertain a request for a restricted license. The DMV cannot defy the court and permit a valid and unrestricted license if the court offers only a restricted license.

- carl