Alcohol & Drugs: MIP, MIC, Intoxication MIP in Cali

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Lunchick

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I just recieved a MIP charge on the beaches on San Diego. i was merely in the presence of alcohol with several persons over 21. i still recieved a ticket. what are the possible punishments for this offence. i am 20, a first time offender, with a NC drivers license. no field sobriety tests were taken and no BAC taken.
 
Lunchick said:
I just recieved a MIP charge on the beaches on San Diego. i was merely in the presence of alcohol with several persons over 21. i still recieved a ticket. what are the possible punishments for this offence. i am 20, a first time offender, with a NC drivers license. no field sobriety tests were taken and no BAC taken.
It depends if you were cited for the state section or for the city ordinance.

If a first time offense for B&P 25662 then:

"... 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."


Additionally, pursuant to CVC 12302.5 the court "SHALL" suspend your privelege to drive in CA for a period of up to one year upon a conviction. The court may then consider a restricted driving privelege after the suspension.

- Carl
 
Lunchick said:
Is it possible to plead not guilty on my own, or would i be better off hiring a defense lawyer?
It's always better to consult an attorney.

However, MIPs tend to be pursued in traffic court in San Diego County (at least they were 5 years ago). So it is much like a traffic ticket ... except that you can also lose your license.

The most common result was the fine and community service, court probation, and a restricted license for about 6 months.

- Carl
 
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