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Minor In Possession in California, Need Help Reducing Punishment

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vc4re

Member
Posting my friend's case here. What can he do so he doesn't lose his license for a year. He's not trying to get out of it or anything, just wants to know his options so please no "you did it, there's nothing you can do."

What is the name of your state (only U.S. law)? California

was walking from point a to point b, my dorm room to an apartment with my friends. I had a limeade bottle in my hand, it also had a little vodka in it with the limeade. As we were walking to the apartment, a girl came up to my friend and stopped us. I saw the cop on the sidewalk wit his flashlight, but I wasn’t going to do anything stupid. So I continued to stand there, waiting for my friends to start walking again. As we’re standing there he comes up to me and asks what is in the bottle. I say “limeade”, he continues to ask and I continue to say “limeade”. They say they’re not stupid and tell me to sit on the curb, and ask for my ID. I don’t have my CA ID on me but I give them my college identification and tell them my name. They ask how old I am and what not and cite me with an MIP. Eventually they harass me into admitting there is vodka in the bottle with the limeade.

I’m just wondering what I can do. I had my arraignment on Monday, and since it was cited as an infraction, that’s how they cite it on my campus, I didn’t think I’d be losing my license. So when the judge read my case and made sure I knew that with a “Guilty” or “no contest” plea I’d lose my license for a year I panicked and pleaded “not guilty”. I still need to post bail, and receive a court date. I’ve had a couple attorneys tell me to proceed with the trial and when I get there try to find a Public Defendant and try to see if they’ll reduce the infraction to another infraction that won’t cause me to lose my license.

What do you guys think?
 


CdwJava

Senior Member
I’m just wondering what I can do. I had my arraignment on Monday, and since it was cited as an infraction, that’s how they cite it on my campus, I didn’t think I’d be losing my license. So when the judge read my case and made sure I knew that with a “Guilty” or “no contest” plea I’d lose my license for a year I panicked and pleaded “not guilty”. I still need to post bail, and receive a court date. I’ve had a couple attorneys tell me to proceed with the trial and when I get there try to find a Public Defendant and try to see if they’ll reduce the infraction to another infraction that won’t cause me to lose my license.

What do you guys think?
An attorney might be able to work out a plea to a different infraction ... maybe. But, the cost will probably be about $1,500 or more. As an infraction, your friend does not get a public defender, so if he wants an attorney he will have to pay for one.

Which section as he cited for?
 

CdwJava

Senior Member
Hi Carl,

He was cited for 25662(a).
The punishment includes that a person "shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school."

Additionally, CVC 13202.5 mandates that "the court shall suspend the person’s driving privilege for one year."

As an infraction it will not result in a criminal offender record with the state. But, he may want to learn bus routes until he can apply for a hardship license (assuming he can articulate a critical need to drive).
 

vc4re

Member
Hi Carl,

He pretty much did the crime, but what are some steps he could take to win in other ways? For example, I know if he requests discovery and they don't respond he wins. Or if they don't respond to his Trial By Written Declaration, he wins also. Any other ideas?
 

CdwJava

Senior Member
Hi Carl,

He pretty much did the crime, but what are some steps he could take to win in other ways? For example, I know if he requests discovery and they don't respond he wins.
So not true! Discovery can be a tricky issue, but not receiving discovery (if properly served) is NOT automatic grounds for a dismissal. Generally, the court would compel discovery to be provided and only then would the matter be dismissed if it was not provided. So do no hang your hat on that.

Or if they don't respond to his Trial By Written Declaration, he wins also. Any other ideas?
A TBWD is not going to be available for 25662 as it is not written pursuant to the CVC or a local ordinance related to a provision of the CVC.

*IF* a DA is handling this, and IF the DA is willing to talk to him, he MIGHT be able to obtain some sort of diversion or plea to a lesser offense IF the DA is inclined. Different counties have different ideas.
 

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