Minor in Possession Tickets at Sleep Train Amphitheater Concert
Recently, the UT had an article that “officers looking for underage drinkers made more than 100 arrests at two weekend concerts..”
So what happened to these underage concert goers who were approached by the police in the parking lot? It just so happens that many young people and older alike are “tail gaters” so they set up a table, chairs, barbeque and an ice chest full of beer. The Chula Vista police department sends in a detail to ask who owns the car and who came with you? If the kid and his or her passengers are underage AND if there is a beer or wine cooler on or around the car, the officers can write them a ticket for MIP or Minor in Possession of Alcohol.
That is a ticket under B&P 25662 aka Business & Professions Code 25662 and it can be an infraction or a misdemeanor. The penalties for kids or “young adults” under the age of 21 in possession of alcohol as a misdemeanor shall pay a fine of $250 and the worst related punishment is that there is a mandatory revocation of driving privileges for one year under Vehicle Code 13202.5 and that is really a problem for most college kids whether they are in state or out of state.
Why is a misdemeanor such a big deal? That is the question the parents ask San Diego Defenders. The parents may or may not hear about this “ticket” for some time. There are many problems that this so-called ticket can create. Usually the penalty carries a term of probation of 3 years and that is 3/4 of a four year degree! As an example, I tell them that if your child is in college and studying nursing, then they would not be eligible for the clinical portion of their education which is mandatory for a nursing degree. Virtually any professional vocational requires a clinical component and the student simply cannot be on probation even if it is summary or informal probation to participate.
Many parents are under the impression that the driving suspension will not affect the student in another state. The fact is that many states share information under the State Compact. Therefore a student’s driving privilege may be suspended in another states as well. Also, many parents believe that a “restricted license” is easily obtainable because the student that lives off campus simply cannot get to school, therefore the DMV has to grant them a provisionary license. This “hardship exemption” is difficult to get and is in no way automatic.
In conclusion, at San Diego Defenders, APC we always represent our clients vigorously. Many of the over 100 students that received tickets at the amphitheater concert shows will wait to investigate, also known as “google” the possible outcomes and penalties. The dates for our most recent case in June was set for a September hearing. We suggest that you give us a call today and we can set an affordable (and cheap) payment plan if you are handling the case yourself. Keep in mind that San Diego Defenders in the closest defense law firm to the SouthBay or Chula Vista court house where all these tickets and the cases are being heard. San Diego Defenders is well known in the Chula Vista Southbay Division of San Diego Superior Court. We can help with MIP tickets!