Alcohol & Drugs: MIP, MIC, Intoxication MIP and Fake ID at Cal

[cacollegeguy]

Hi all. I just had a hearing for my MIP and Fake id charges at cal. I did not enter any plea, and the judged issued a continuance. He also said that for the MIP charge, there is a program I can complete after which the court will drop the charge against me (yay). However for the fake id, that is another case. My hearing is scheduled for 1/29/07, and I had a few questions. Basically, im trying to avoid as much as possible having my license suspended. Would it possible to have these past 4 months count as part of license suspension, since I haven't been driving at all at college. Second, what would constitute a "critical need to drive" i.e., would a job as a self employed tutor of HS students count, cuz I drive to their houses to tutor them, and if it did would I need to get proof, and what kind of proof. Third, the officer that issued the ticket, marked "infraction" next to the charge, however it is a misdemeanor, is this enough grounds to have the charge dropped? Any tips from anyone with experience are greatly appreciated.

 

[seniorjudge]

Q: Would it possible to have these past 4 months count as part of license suspension?

A: Not if you have your driver's license.


Q: Second, what would constitute a "critical need to drive"?

A: Ask the bureaucrats who issue driver's licenses. Ask them for the statute or rule (if there is one) that defines this.

 

[CdwJava]

Hi all. I just had a hearing for my MIP and Fake id charges at cal.

What are the specific code sections you were charged with?

Would it possible to have these past 4 months count as part of license suspension, since I haven't been driving at all at college.

No. The suspension happens AFTER a conviction.

Second, what would constitute a "critical need to drive" i.e., would a job as a self employed tutor of HS students count, cuz I drive to their houses to tutor them, and if it did would I need to get proof, and what kind of proof.

That would be up to the court.

Third, the officer that issued the ticket, marked "infraction" next to the charge, however it is a misdemeanor, is this enough grounds to have the charge dropped?

Of course not!

What that appears to indicate is that the charge will be handled in traffic court as opposed to criminal court. In other words, you face a fine and not jail time - consider yourself fortunate.

But, advise on the specific sections and it might shed some more light on the matter.

- Carl

 

[cacollegeguy]

thanks for the replies. i was charged under BP 25661 for the fake cdl, and BP 25662 for the MIP. liek i said though, the court runs a program in which they drop the MIP charge if u attend an alcohol conversion class. so i will do that. for the fake, im basically trying to avoid suspension of my license, under the VC, i dont remember which section. i guess, im wondering what my chances are for any leniency, given i have no priors, am in good standing at the university, and willing for combinatiosn of fine/ community service, probation, almost anythign to avoid suspension.

 

[CdwJava]

thanks for the replies. i was charged under BP 25661 for the fake cdl, and BP 25662 for the MIP.

25661 is most often prosecuted as an infraction since it carries no jail time anyway.

25661. Any person under the age of 21 years who presents or offers
to any licensee, his or her agent or employee, any written, printed,
or photostatic evidence of age and identity which is false,
fraudulent or not actually his or her own for the purpose of
ordering, purchasing, attempting to purchase or otherwise procuring
or attempting to procure, the serving of any alcoholic beverage, or
who has in his or her possession any false or fraudulent written,
printed, or photostatic evidence of age and identity, is guilty of a
misdemeanor and shall be punished by a fine of at least two hundred
fifty dollars ($250), no part of which shall be suspended; or the
person shall be required to perform not less than 24 hours nor more
than 32 hours of community service during hours when the person is
not employed and is not attending school, or a combination of fine
and community service as determined by the court.

im basically trying to avoid suspension of my license, under the VC, i dont remember which section.

CVC 13202.5.

i guess, im wondering what my chances are for any leniency, given i have no priors, am in good standing at the university, and willing for combinatiosn of fine/ community service, probation, almost anythign to avoid suspension.

No one can possibly say.

- Carl

 

[jks718]

MIP in CA

I was also just recently cited for a violation of B&P 25662(a). I attend Stanford University and was cited on campus for possessing alcohol. Prior to the citation, I was in the process of applying for a job at Stanford Hospital. I have received the job, but the hospital is now conducting their own background check in addition to the one the health care job company I am technically employed by did before the citation occurred. I was wondering whether or not the recent citation will appear on my record as a pending violation, for my court date is not until May 9th. I chose not to notify my employer, because I knew I could take a class to have the violation removed from my record. Essentially, what should I do (in terms of notification)?

Thank you.