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M.I.P. and a suspended license Alcohol & Drugs: MIP, MIC, Intoxication

Discussion in 'Criminal Charges' started by wittledebil, Sep 1, 2001.

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  1. wittledebil

    wittledebil Law Topic Starter New Member

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    My name is Michael Figueroa and i had just recently been to court about a minor in possession ticket that i had received on july 13th 2001. i have no problem what so ever to pleading guilty becuase i am clearly guilty. i do not have the police report but this is what happend on the night of july 13, 2001.

    It is my third night in Morro Bay CA, my roommate and a couple of his friends decide to go to Lake San Antonio. since it is only my third night in Morro Bay i agree to come a long, because i want to meet new people. i am completely aware that there is going to be alcoholic beverages there, i still agree to come a long. while i was at Lake San Antonio, a ranger there on foot patrol walked up on our little party. we were causing no trouble what so ever. but it his duty to check and I.D. anyone in the possession of alcohol that looks under the age of 21. since i was the first person he encountered out of the group he took my drivers license and asked me a few questions. after he consulted with the rest of the group he called me over to ask me a few more questions. while he does this he has the rest of the group put all the alcohol in a pile near him. after he has done all of this he issues me a minor in possession ticket. after he had issued me my ticket he confiscated all the alcohol that was in our camp site.

    When the ranger first walked up on the group i was clearly holding an alcoholic beverage in my hand, and was not trying to hide it what so ever. anyone in the area could have seen that i was holding a "beer". but the point is that after i had gone to court, the court had suspended my license for a total of one year. this is what the papers that were issued to me say, the first part of the papers say that i agree to pleading guilty and that i would pay my fine before 3:00pm on 8/30/2001:

    Imposition of sentence suspended, and defendant placed on probation for a period of 3 yrs; 0 mos.; 0 days and to obey all laws. type of probation: conditional
    Do not commit same or similar offense.
    Deffendant to pay fine of $200.00
    Total fine (s) and assessments to be paid as follows: to the clerk of the court on or before 8/30/2001
    Defendants driver's license ordered suspended for 1 yrs.; 0 mos.; 0 days.
    CBI not a condition of probation.
    Defendant to report and enroll in the county approved program as follows: CBI
    May apply for critical need after 90 days and completion of CBI
    Defendant accepts probation
    All sentence elements for this proceeding entered.
    Sentence entered, including fines/fees, payment tracking updated

    Ok now i was wondering if there is any way possible that i can get my license back sooner. i will still complete the program that i have enrolled in. i have no problem with that. the only thing is if i don't have my license i will loose my job, and with no job i can not support my self, and if i can not support myself i will not be able to afford school to further my education.

    So if there is anything that i can do please help me.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Were you represented by counsel before court? I'm wondering why merely drinking a beer would impose both a $200 fine and suspension of your driver's license for a year and 3 years probation. Without anything else and your guilty plea I would consider that an unduly harsh sentence, possibly not comparable to other penalties for violations of the same crime and history, and an unacceptable plea bargain. I'm not confident that your Department of Motor Vehicles may have classes that you can take that might reduce this sentence although you can speak to them. You may want to speak to an attorney about what can be done regarding this questionable deal -- I don't know all the facts and circumstances in the case nor do I know your history and record. Your being a minor might be a factor to be investigated with regard to your acceptance of the "deal" and perhaps something can be done locally. I'm sorry to hear this but understand that pleading guilty and making deals have real consequences and you should always be aware of what they are before signing on the dotted line.
     

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