I was charged with an MIP in August of 2013 after being caught with an open beer can with an additional 5 beers in my purse. I was cooperative, so I was charged with an infraction MIP rather than a misdemeanor. I understand the judge has no choice but to suspend my drivers license for one year, so I got an attorney. However, with the addition of the DMV and court petition paperwork, she is having me also go to DUI school, letters from my employer, my transcripts, detailed maps and bus schedules, etc. However, I recently spoke with a girl my age who was charged with the same infraction, but she had to provide much less information to the DMV and the court and she was still issued with the restricted license. Is my attorney overworking me? Or is this some new law that's necessary?
Criminal Defense Attorney
What the court will and will not accept as a plea bargain is entirely up to the judge. Every case is different. In this case, it sounds like the judge is trying to make sure you get a sentence that will deter you from ever doing something like this again (5 beers in your purse?), but that you also will be able to complete successfully. Talk to your attorney for details.
The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.
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DUI / DWI Attorney
There are three agencies who may have authority over you as a result of this Chico CA incident:
1. The court
2. The DMV and
3. The University
The court will send documents to DMV who suspends your lic. for one year. In order for you to have a "critical need "/ restricted lic. The judge receives a petition requesting you be allowed to drive for necessary activities.
Then DMV needs separate paperwork requesting you be allowed a "critical need "/ restricted lic. DMV is pickier than the courts and you must prove up where you live, where you need to go, where the bus stop is etc.
Chico State University has a "Judicial Counsel" disciplinary committee. They get copies of all the arrests, and require students appear in front of this committee if there is an arrest. Chico State University then requires the student attend some alcohol classes etc.
It is also possible your friends attorney was able to get a different charge for the MIP. There is a City code that is less restrictive about the license suspension. Sounds like your attorney is having you cover all the bases. It is a lot of work. It is a shame that Butte County DA does not offer a diversion program that would allow you to keep your license, and still learn a good lesson.
This answer is provided as a public service and s a general response to questions. It is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
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DUI / DWI Attorney
I doubt that the girl you talked to had an open container and another 5 beers in her possession, but even if she did, each case is resolved on its own circumstances. I always have my clients do more that what is generally required to try to convince the court and the dmv that my client is more serious that the average person. It sounds like your attorney wants to help you, and you should try to follow the advice to help him help you. The Court and the DMV do not have to help you in any way, so he is trying to give you the best chance. Stop complaining if you serious about helping yourself in this case.
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