MIP in California 10 Answers as of June 17, 2011

Do I need an attorney for a minor in possession in California and can they really take my license away, I work 30 hours a week and go to school so that would not be great for me at all?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
A conviction for minor in possession results in a one year suspension of your license. It is best to get an attorney and attempt to negotiate some other disposition that will prevent this.
Answer Applies to: California
Replied: 6/17/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
I would recommend getting an attorney. Is it being charged as a misdemeanor, or infraction? And yes, even if convicted of an MIP infraction in California, there is a 1 year license suspension that goes with it. I recently had an MIP dismissed (2 weeks ago), so it is possible to protect your license even if charged with an MIP.
Answer Applies to: California
Replied: 2/17/2011
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
Yes you can and should get an attorney. The DMV will suspend your license for one year if you are convicted. You need an attorney who can win the case perhaps by challenging whether you were in possession of the alcohol or whether it was discovery by an illegal search. Either way you can beat the case. At the least, you need an attorney who will negotiate for you to try to get a different charge that won't result in a suspension if convicted, like "trespassing" or "disturbing the peace" or something vague that isn't reported to the DMV. Public defenders usually don't care enough or have the time to do this. Also, even if convicted, a private attorney may be able to get a "hardship" application granted by the DMV that at least allows you drive to certain places like work or school.
Answer Applies to: California
Replied: 2/17/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Yes, they really can and really will take your license if you're convicted. Your best shot to avoid a conviction for this and retain your license is with a criminal defense attorney who routinely practices in the courthouse where your case will be heard.
Answer Applies to: California
Replied: 2/17/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes they can take your license away for 1 year on a MIP. Consider hiring an attorney, who may very well be able to negotiate a dismissal on this type of minor charge.
Answer Applies to: California
Replied: 2/16/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If you have to ask, then yes, you need an attorney. Effective plea-bargaining, using whatever legal defenses, facts and sympathies you may have, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict you. If serious about hiring counsel, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.

    They WILL take your license away if you are convicted.
    Answer Applies to: California
    Replied: 2/16/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Yes you do need an attorney and yes they can take your license away.
    Answer Applies to: California
    Replied: 2/16/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    Yes. If you are convicted of MIP, DMV will receive an abstract of the conviction and suspend your license.
    Answer Applies to: California
    Replied: 2/16/2011
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