Minor in possession of alcohol questions...

[DL1108]

I am a New York resident, with a New York driver's license. While staying in California this summer, I got a minor in possession of alcohol on the night before I flew back to NY. Because of this I am unable to appear in court in California. After calling the courthouse I was informed that I was to write a letter to the judge explaining my situation that would prove that I am a NY resident and I am currently in NY, which they can either accept or reject. I really don't know what would happen after that but I am a bit concerned about what may happen if it is rejected.

I have also noticed that MIP punishments are much more severe in California than in New York, especially when it pertains to having your drivers license revoked. If everything goes smoothly would I be punished under California law or New York law? Can I get my license revoked?

 

[quincy]

DL1108, only New York can take action on your New York driver's license.

The forum has several members from both New York and California (attorneys, law enforcement, et al) and perhaps one of them can address your California MIP.




(thanks for deleting your other thread )

 

[DL1108]

DL1108, your duplicate post in the Juvenile Law section of the forum can be deleted. While both sections of the forum could handle your question, it is probably better to have it answered here.

Only New York can take action on your New York driver's license.

The forum has several members from both New York and California and perhaps one of them can address your California MIP.

Thank you for the response, the other one is deleted.

The license was one of my biggest concerns so that is good to hear

 

[quincy]

Some additional information: In New York an MIP is not a criminal offense. The penalty for a first offense MIP is, I believe, a fine up to $50, with community service hours a possibility.

 

[Ohiogal]

DL1108, only New York can take action on your New York driver's license.

The forum has several members from both New York and California (attorneys, law enforcement, et al) and perhaps one of them can address your California MIP.




(thanks for deleting your other thread )

However New York can suspend his driver's license per the punishment prescribed by the California courts. And California law would apply because that is where he committed the crime. Not showing for a court case could result in a warrant being issued for his arrest. It could also have negative collateral damages for him.

 

[quincy]

Ohiogal, I understand that this is how it operates in many states, and that California can request of New York that New York suspend the license per California law.

However, I also thought (and here is where YAG might help) that New York does not record out-of-state driver violations or add points to the NYS driving record for out-of-state driving violations. And that if there is not a corresponding state law that reflects the law violated in another state that a state will go by its own laws and not that of the other state.

Perhaps I am mistaken?

 

[HighwayMan]

New York State DMV will suspend a license for out-of-state fail to answers/fail to pay fines/etc in motor vehicle matters. I have never seen or heard of a New York license being suspended for this type of offense. I really don't see that being an issue here.