MIP – BP 25662 (Minor in Possession of Alcohol)
San Diego MIP Ticket Attorneys
Minor in Possession Ticket
Cited for possessing an Alcoholic Beverage? Wondering what the penalties are for such a benign violation? We are Minor in Possession Defense Attorneys. Our attorneys successfully Dismiss Minor in Possession Charges, Reduce MIP Charges to Lesser Offenses and argue for Acquittal of MIP Charges in all San Diego Courthouses.
If you or a loved one received a ticket for Minor In Possession of Alcohol call our office for a Free Case Analysis. We offer superior representation for reasonable attorneys fees. Call us anytime at 619-649-2424 to schedule a Free Case Analysis.
Minor in Possession Defined
California Business & Professions Code § 25662 makes it a misdemeanor offense for a minor (defined as a person under 21 years of age) to have an Alcoholic Beverage in his/her possession in a public place. Alcoholic beverage includes beer, wine and spirits.
It’s the simple act of Holding or Possessing the Alcoholic Beverage the law prohibits. It’s not necessary that the minor be drinking or that they know it’s alcohol. If you’re under 21, holding a can of beer and are in a public place you can be cited for possessing alcohol.
One overlooked penalty is that a conviction (plea or found guilty at trial) results in a license suspension of 1 year. The judge has no discretion and must impose the suspension. In some exceptional cases, even if the judge suspends your license, we can petition for a restricted license for driving to and from school or work.
Facts Government Must Prove
California’s Law on Minors Possessing Alcohol requires that the government prove:
- that the Defendant was Under the Age of 21 at the time of the Possession;
- that the Defendant Possessed an Alcoholic Beverage; and
- the Possession was on a Road, Public Place or Area Open to the Public.
Theories of Possession
The government will use one of 3 recognized Theories of Possession in order to try and prove the Possession Element.
- Actual Possession
- Joint Possession
- Constructive Possession
Penalties of an MIP Conviction
- 1 yr Mandatory License Suspension (or delay of licensure) pursuant to Califonia Vehicle Code § 13202.5
- Fines of $250
- Criminal Record
- 24 to 48 hours of Community Service
Our Attorney Advantage
A Minor-In-Possession Charge can have serious consequences. Hiring the right attorney may be the difference between a conviction and a dismissal. Take back the Upper Hand. Our defense attorneys are the best in the business:
- A Skilled and Experienced Defense Team – We are the right team to defend a criminal charge. We have successfully handled thousands of criminal cases and have satisfied clients all over California. We know the law, procedure and practicalities of criminal litigation that can give you the upper hand in court.
- Well Known and Respected – We appear in the courts of San Diego every day of the week. We are known by judges, prosecutors and our colleagues. Our attorneys have a reputation for competent and effective representation in the area of criminal law. We strive to achieve excellence on every case and have established a reputation for getting great results.
- State of The Art Legal Practice – We are a 100% Paperless law firm. All of our clients are given 24/7 access to everything in their case file. Attorney notes, evidence, witness statements and motions are all scanned and stored digitally in an easy to navigate cloud-based system. It’s encrypted to standards of the department of defense. Rest assured that your file is safe, sound and available to you whenever you need it.
If you have been charged with Minor-In-Possession, we offer a 100% free Consultation by calling 619-649-2424 or emailing us at email@example.com. Talk to one of our experienced Minor in Possession Defense Attorneys today and take back the upper hand.