16 yr old driving with passenger, MIP 9 Answers as of January 18, 2011

My 16 year old son was pulled over last night for speeding. It was past 2am. He had a passenger and has only had his license for 2 months. The Deputy Sheriff discovered 2 unopened beers in the back seat area. I believe he did a breathalyzer and my son blew a zero. I am not sure, but he had not been drinking and was not under the influence.

So he was cited for 16 year old driving with a passenger and operating outside of his license. Minor in possession. Driving past 11pm. And speeding. My son was polite and cooperative with the deputy sheriff. What is the likely outcome? Should we hire an attorney to represent him when he is summoned? Any suggestions would be appreciated. Thank you.

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Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
He will need to go to Juvenile traffic court. The judge swill suspend his license and probably make him do a work program.

Our office handles those cases. For an appointment or a fee quote call Tom.
Answer Applies to: California
Replied: 1/5/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or O.R., set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever
admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you cannot afford private counsel, you can apply for the Public Defender.

No amount of free 'tips and hints' from here or anywhere else are going to help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except your attorney about your case.
Answer Applies to: California
Replied: 1/3/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The most likely outcome is that he will lose his license untill he is 18. I don't think the outcome would be different with an attorney.
Answer Applies to: California
Replied: 1/3/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Yes he should hire an attorney. The main issue he is looking at is the 1 year license suspension due to the MIP. I cannot be certain without more information if the search was legal. An attorney may be able to assist in getting the charges altered so that he does not lose his license for a year.
Answer Applies to: California
Replied: 1/2/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You should hire an attorney for your son immediately. It appears the state has a weak case, but without an attorney, the prosecutor is unlikely to back off. The consequences can be severe, because his license may be suspended for up to a year depending on what he pleads to. Without an attorney present advising, your son may plead to something the consequences for which he has no idea.
Answer Applies to: California
Replied: 1/2/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Whether to hire an attorney is up to you. He should have one for the minor in possession, the other offenses are infractions. Since he is 16 he will be going to juvenile court. He can ask for a public defender, or you can hire an attorney for him.
    Answer Applies to: California
    Replied: 1/2/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    First of all, this is juvenile law. My office likes to work out deals that allow my client fulfill the court orders, and when completed, come back and have the case dismissed. Even if this occurs in court, there are still driving implications.

    Second, you need someone well versed in DMV rules and regulations.

    My office routinely handles juvenile cases that have implications on the juveniles right to drive in California. These cases can become complex if not handled in the right manner. Usually, your son will loose the right to drive for a minimum period of 1 year (No Driving).

    Depending on your attorney, this can be mitigated if handled correctly from the beginning.
    Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 1/2/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    It is always good to get advice of an attorney. Most likely he is facing a misdemeanor and will be provided with a public defender if he wants. Otherwise, you can hire a private attorney to represent him. This is a serious charge and should be handled as such.
    Answer Applies to: California
    Replied: 1/2/2011
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