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What happens when you get a drinking in public ticket? will I get my license taken away?

Northridge, CA |

I was at a public park late at night, the cops showed up and gave us a drinking in public ticket. I'm scared that there going to take my license away I wasn't driving or anything. so I was wonder what should I expect in court? oh, and another thing I got the ticket this month of July and why is my court appointment the same month in july? do they send u stuff in the mail about court?

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Attorney answers 7

Posted

Your license will not be impacted for this charge. Don't worry. You are looking at 1 to 3 years of unsupervised probation, some alcohol classes (probably AAs) and some fines and possibly some community service. If you can hire an attorney do so, an attorney may be able to get you a real reduction and lower it to an infraction.

Sharon Paris Babakhan
818-480-3571
www.sharonbabakhanlaw.com

Asker

Posted

do I have to go to the classes no matter what? I work Monday thru Friday do you think it can be possible for me to jus pay the fine?

Sharon Paris Babakhan

Sharon Paris Babakhan

Posted

Well, you will find out what the prosecutor will offer you. If he/she offers classes, then yes you must go. Maybe your attorney can negotiate a fine only type deal. It's all negotiations. That's what it comes down to. And if you get classes, the court is not really concerned with your job and that you work, the judge will expect you to complete it within a certain period of time. You will find out your first court date.

Asker

Posted

if I don't go to these classes what will happen?

Sharon Paris Babakhan

Sharon Paris Babakhan

Posted

It would be violation of your probation and the judge will give you jail time.

Asker

Posted

sorry for asking too much. um would I still get those classes even tho I'm over 18?

Sharon Paris Babakhan

Sharon Paris Babakhan

Posted

No problem. Ask all you want. I thought you were over 21. Laws are a bit more strict for under 21 so yes you potentially lose your license if you are under 21 even though you are over 18. Now, classes are up to the prosecutor. You will know your first court date what you get. IF you get classes then you must do them. If you are under 21 the likelihood of getting those classes is higher. It all depends on the DA. I don't see jail time for such an offense. I say all this because I'm a former prosecutor and I handled hundreds of this cases.

Sharon Paris Babakhan

Sharon Paris Babakhan

Posted

Also I'm saying no jail if you have clean history otherwise that may come into play.

Asker

Posted

this is actually my first ticket! Is it 100% sure I will get it suspended? /:

Sharon Paris Babakhan

Sharon Paris Babakhan

Posted

If under 21 then yes. Unfortunately.

Posted

They should send you a letter with your arraignment date (court date) with where and when you have to appear. Now you sound like you might be under 21. If so, then the DMV will suspend your license for one year, sorry. And if you aren't currently able to drive (under 16), then the DMV will delay issuing you a license for one year once you are eligible. A BP 25662 offense (minor in possession) is serious and you should probably retain an attorney, so as to reduce the crime to an infraction.

Now if you're over 21, then you've violated PC 647(f), commonly referred to as "drunk in public". This charge carries the potential for jail time, however, depending on the circumstances, you can get a DEJ program sentenced (treatment program), which would result in a dismissal if you successfully complete the program.

Either way, I'd speak to an attorney. Good luck.

The answer above is for informational purposes only and is not intended to provide legal advice or form an attorney-client relationship. The above response should not be relied upon for any specific situation. If you need legal advice specific to your needs, you should consult with a licensed attorney.

Asker

Posted

so your saying they will take away my license for a year? so why did the other lawyer I'm talking to she said I won't get it taken away?? now I don't know what to beliebe

Kapesh Vithal Patel

Kapesh Vithal Patel

Posted

She may be referring to the 647(f) charge where there is no license suspension, so she's right. How old are you?

Kapesh Vithal Patel

Kapesh Vithal Patel

Posted

http://www.dmv.ca.gov/pubs/vctop/d06/vc13202_5.htm

Kapesh Vithal Patel

Kapesh Vithal Patel

Posted

Read the above, especially if you are under 21.

Posted

If you are under 21, yes, a conviction for public intoxication will result in losing your license. A conviction for ANY alcohol related offense will result in license suspension.

Don't bet on getting anything in the mail for a public intoxication charge. It's not like a speeding ticket that you can just pay. You MUST appear in court on day you were cited to appear. If you don't, a warrant will be issued for your arrest.

Good luck!

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

Posted

Zero tolerance alcohol consumption for minors is nationwide. Most states, including California, will suspend the license of a minor found intoxicated in a public place even if not driving. In fact, if out of state, the offense will generally be reported to your home state under the National Database System and interstate compact. Maybe a California attorney can manage a reduced charge to an offense not resulting in suspension; if allowed.

The Zero tolerance movement in many instances, in my opinion, result in a punishment (suspension) that is too severe for the offense. It also results, at least in Illinois, cops insisting on breath tests of minors under dubious circumstances. Good luck.

Robert H. Hanaford

Robert H. Hanaford

Posted

Drinking Under 21--The state has a zero-tolerance law for those younger than 21, which means that no amount of alcohol in your blood is acceptable if you're driving. You'll lose your driver's license for one year.

Posted

Unless you're under 21 your license will not be taken away. It is not
unusual to have the first appearance date called the arraignment in the
same month you may not get another notice from the court

Posted

If this park was in Northridge and you are over 18, you will be summoned to the San Fernando Courthouse. Likely, you will be placed on summary non reporting Probation, pay a fine, attend alcohol classes and lose your license for up to one year (per DMV suspension). There should be a court date on your citation. If not, you should always call the Court to confirm your information and when you need to appear.

If you have an attorney, you do not need to appear, your attorney can appear for you. I suggest you hire a criminal defense attorney because this is serious. If you are interested, feel free to give me a call for a consultation.

Seth Weinstein, Esq.
Los Angeles Criminal Defense Attorney
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

Asker

Posted

so I was wondering how come my friend didn't get his license taken away?

Seth Andrew Weinstein

Seth Andrew Weinstein

Posted

Likely his attorney worked out a plea deal that did not involve suspension of his driver's license. Seth Weinstein, Esq. Los Angeles Criminal Defense Attorney (310) 707-7131 www.sethweinsteinlaw.com sweinsteinlaw@gmail.com

Asker

Posted

he didn't have one

Seth Andrew Weinstein

Seth Andrew Weinstein

Posted

Then perhaps he was over 21. Seth Weinstein, Esq. Los Angeles Criminal Defense Attorney (310) 707-7131 www.sethweinsteinlaw.com sweinsteinlaw@gmail.com

Asker

Posted

why will they suspended your license if you didn't get a dui

Seth Andrew Weinstein

Seth Andrew Weinstein

Posted

Any type of alcohol charge carries the possibility of license suspension if you are under 21. Seth Weinstein, Esq. Los Angeles Criminal Defense Attorney (310) 707-7131 www.sethweinsteinlaw.com sweinsteinlaw@gmail.com

Posted

If you are a minor you most likely will lose your license IF you are convicted of any alcohol related offense. Hire an attorney to try and work out a deal to a non-alcohol related offense. Good luck but more important hire someone that can guide you.

Contributions to AVVO.com do not establish an attorney-client relationship.

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