Minor in Possession | Isla Vista Criminal Attorney Bill Makler

Santa Barbara criminal defense lawyer Bill Makler

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Minor in Possession

A common charge filed against many in Isla Vista is the Minor in Possession of Alcohol, also known as "MIP". The statute is set forth below.  If charged under this law, you will be required to appear in court, and regardless of your financial position, the court will not likely appoint a public defender.  A conviction will require the court to suspend your drivers license for one year, even if you are 21 by the time you appear in court.  It makes sense to take advantage of a free and confidential consultation with an experienced criminal defense lawyer to discuss your options.  If you desire such a consultation, please complete the contact form at right.

"Minor In Possession" 

25662.  (a) Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor and 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.  A second or subsequent violation shall be punishable as a misdemeanor and the person shall be fined not more than five hundred dollars ($500), or required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service as the court deems just.  It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner's office, if available, in the area where the violation occurred or where the person resides.  This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent, responsible adult relative, or any other adult designated by the parent or legal guardian, or in pursuance of his or her employment.  That person shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.