Alcohol & Drugs: MIP, MIC, Intoxication Intl student Minor in Possession

[lejjvi]

Hi.

I am an international student from Sweden. I'm currently a full time student at Santa Barbara City College, and I'm planning on staying here at least until I get my Masters degree.

Yesterday, I went to a Isla Vista, which is notorious for college students partying and I was caught by the foot-patrol with 3 closed beer cans. As I am an international student, all I had with me was my Swedish drivers license and my student ID card. I am turning 19 and turning 20 this year, so I am "a minor".

On the ticket they wrote "age: 20" for some reason. 256629 Minor in possession of alcohol and its considered misdemeanor. I don't have an American drivers license.

Never had a ticket or been arrested or had something to do with the cops in my entire life.

Now, to the questions:
1. How much are these tickets on?

2. Is there any way I could pay it of with community service, since every penny I get from my student loan, goes to the international tuition, rent and food.

3. Can I get deported?

4. Will this appear on my record if I want to take a drivers license in the future?

5. Do I really need a lawyer for this, and in that case, how much will it cost?

6. Will this appear on my school records. e.g. When I chose to transfer.

7. And what tips do you have for me, both before court and on during the hearing.

I am an international student, so please be detailed since I know (almost) nothing about the American law system.

Thank you in advance!

 

[army judge]

Hire a lawyer.
Contact your family and see if they can help you, if you need money b
If they're as broke as you say you are, ask the court to appoint one for you.

Stop talking about this, until you've spoken with a lawyer.

It could affect your immigration status, eventually.

Your lawyer will advise you about that. If he/she doesn't, ask him/her what to do.

Leave the booze alone, until you become 21. It'll get you in lots of trouble, otherwise. Our laws are different than yours. You're a guest in our country. If you want to continue being a guest, behave yourself.




Sent from my iPhone using Tapatalk

 

[CdwJava]

Here is the code section:

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. This section does not
apply to possession by a person under the age of 21 years making a
delivery of an alcoholic beverage in pursuance of the order of his or
her parent, responsible adult relative, or any other adult
designated by the parent or legal guardian, or in pursuance of his or
her employment. That person shall have a complete defense if he or
she was following, in a timely manner, the reasonable instructions of
his or her parent, legal guardian, responsible adult relative, or
adult designee relating to disposition of the alcoholic beverage.

You can lose your ability to drive if convicted. It is very unlikely you will be deported for this alone. These are often handled as infractions in traffic court and not as misdemeanors (you will find out either by mail or at your arraignment - which is the court date on the ticket). And the usual penalty is underlined above.

 

[lejjvi]

Thank you for your help. I now have another question.

I've heard that according to Californian Law, the license get suspended for a year and if you haven't got a license, you won't be able to get one for a year.
Now, is this correct? And if it is, can I get a license before the court date or does dmw have my record already, even though I haven't been to court yet.

What kind of tips do you have before I go to court. I'm not getting a lawyer since it will cost a lot more in the end game. Should I take the deal that the DA offers or should I go to court and pay court fees? I am guilty.

Thank you.

 

[mightymoose]

If you get the license prior to the court date it will still get suspended.

 

[lejjvi]

If you get the license prior to the court date it will still get suspended.

1. Is there any way to prevent the license from getting suspened? Like alcohol awareness class or something.
2. Is it still able to get a license before the court date, even though it'll get suspended?

thanks.

 

[mightymoose]

Whether or not it will be suspended is up to the judge. You will have to bring up your concern to the judge in court.

Yes, you could still get it prior to court, but what is the point if they are just going to confiscate it?

 

[lejjvi]

Whether or not it will be suspended is up to the judge. You will have to bring up your concern to the judge in court.

Yes, you could still get it prior to court, but what is the point if they are just going to confiscate it?

If I have a license, I'd be able to get restricted license. I'd rather have a restricted license than no license at all. And, I've heard that the first 5 years, the driver has a higher insurance rate. So I guess it's better to take it now and get rid of the 1 year.

And also, I've heard that suspension of drivers license is mandatory, so the judge has no say in this at all?