MIP clarification

[undecided2776]

What is the name of your state? CA

Hello guys I need to some clarification please. I read this in a past post....

Minor in possession of alcohol per B&P 25662:

25662. (a) 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 and shall be punished by a fine of two hundred fifty
dollars ($250) or the 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. A
second or subsequent violation shall be punishable as a misdemeanor
and the person shall be fined not more than five hundred dollars
($500), or required to perform not less than 36 hours or more than 48
hours of community service during hours when the person is not
employed or is not attending school, or a combination of fine and
community service as the court deems just. It is the intent of the
Legislature that the community service requirements prescribed in
this section require service at an alcohol or drug treatment program
or facility or at a county coroner's office, if available, in the
area where the violation occurred or where the person resides. ...

- Carl

Now I was wondering is this the entire clause? Basically I was wondering if a MIP effects the license. I have read most of the posts and some say they do and some dont. Does the "..." suggest that the license suspension was left out of the post? Thanks.

 

[CdwJava]

Now I was wondering is this the entire clause? Basically I was wondering if a MIP effects the license. I have read most of the posts and some say they do and some dont. Does the "..." suggest that the license suspension was left out of the post? Thanks.

Yes, your license can be suspended ... in fact, if you are under 21 it SHALL be suspended for one year.

Per the Vehicle Code:

13202.5. (a) For each conviction of a person for any offense
specified in subdivision (d), committed while the person was under
the age of 21 years, but 13 years of age or older, the court shall
suspend the person's driving privilege for one year. If the person
convicted does not yet have the privilege to drive, the court shall
order the department to delay issuing the privilege to drive for one
year subsequent to the time the person becomes legally eligible to
drive. However, if there is no further conviction for any offense
specified in subdivision (d) in a 12-month period after the
conviction, the court, upon petition of the person affected, may
modify the order imposing the delay of the privilege. For each
successive offense, the court shall suspend the person's driving
privilege for those possessing a license or delay the eligibility
for those not in possession of a license at the time of their
conviction for one additional year.

And subdivision (d) specifies B&P 25662 among the offenses.

- Carl

 

[undecided2776]

thank you

Carl deserves a reward. As do most of you.

 

[CdwJava]

Carl deserves a reward. As do most of you.

A coffee card to Starbucks will do nicely.

- Carl