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I really need some help (cvc 23140)

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mj64833

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

I'm a 19 year old student, and about two weeks ago, I was given a citation for being in violation of cvc. 23140. The reason I was pulled over was because I was parked in an elementary school, and the officer said that he had reason to believe I was vandalizing the school. I was parked at the school because my friend lives directly across the street from it, and told me to park there earlier in the day due to street sweeping. Note that it was around 12:30 at night when I was pulled over, and my car was the only car in the school's parking lot. The police officer proceeded to put me through all of the sobriety tests, and breathalyze me also. I blew a .05 according to the officer, the car was not impounded, and the ticket was an infraction. I know how serious of an offense drunk driving is, but I was fully capable of driving my car. My destination was literally under a mile away, and I hadn't drank for atleast 3 hours (all I had to drink was 3 beers during the Laker game). My dad is currently on unemployment, and my mom has been on disability for a long time. I'm trying to take care of the financial part of it, what should I be expecting? I am also aware that my license will probably be suspended for a year. I requested a hearing with the DMV, but am still somewhat unsure about what exactly I need to do. Also, I'm not in much position to hire an attorney, so I will have to represent myself in court. Any advice/help would be greatly appreciated.
 


Infraction but your license is gone for a year. I think I've seen the judge consider a critical need (like a letter from an employer indicating a need to drive), but I could be confusing it with a drug related zero tolerance suspension and I'd have to research to know for sure if with alcohol you are eligible for that... not to mention how long after the suspension and you would probably have to finish your program first. DMV hearing will get you nowhere. Its a formality and a right, but you aint driving. Maybe you could at least get some face time to get some info from them on what you need to do to get your license back eventually.

Fine of about $400

And a mandatory if you ever want to drive again in any state program.
 
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CdwJava

Senior Member
I know how serious of an offense drunk driving is, but I was fully capable of driving my car. My destination was literally under a mile away, and I hadn't drank for atleast 3 hours (all I had to drink was 3 beers during the Laker game).
First, it is ILLEGAL for you to consume alcohol and operate a motor vehicle when you are under 21. If you have a BAC of .01 or higher, you are breaking the law. Further, in most cases when you drink alcohol you are also breaking the law whether you drive or not.

Second, distance to home is irrelevant with regards to DUI and the worst person to evaluate their own sobriety is the person who has been consuming alcohol. Understand that impairment can be identified by physiological reactions at as low as .02 (one beer for most people).

You are fortunate enough that the officer did not believe you were too impaired to operate a motor vehicle and he instead cited you for 23140.

Learn from this experience and take care not to drink and drive in the future.
 

Humankryptonite

Junior Member
I realize this was awhile ago, however a very similar thing happened to me and now I have been charged with a 23140 infraction. What is this considered? an MIP? or I dont even know what else. Let me know how you handled it.
 

Antigone*

Senior Member
I realize this was awhile ago, however a very similar thing happened to me and now I have been charged with a 23140 infraction. What is this considered? an MIP? or I dont even know what else. Let me know how you handled it.
We frown on necroposting in this forum. It is very bad netiquette.
 

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