Minor In Possession Punishment and Sentencing- Business and Professions Code 25662 & California Vehicle Code Section 13202.5

Under California Business and Professions Code Section 25662, a person convicted of “minor in possession” is guilty of a misdemeanor which is punishable by a fine of two hundred and fifty dollars ($250) or not less than 24 hours or more than 32 hours of community service, during hours when the person is not employed or not attending school.

A second violation is also punishable as a misdemeanor and if convicted a minor may face a fine of up to five hundred dollars ($500.00) or be required to perform not less than 36 hours or more than 48 hours of community services during the hours when the person is not employed or is not attending school, or a combination of a fine and community service.

Am I Going To Lose My License?
In addition to fines and or community service, under California Vehicle Code Section 13202.5 an individual convicted of minor in possession while the they were under the age of 21 years, but 13 years of age or older, will lose their driving privileges for one year.

If the minor does not yet have the privilege to drive, the court shall order the department to delay issuing the privilege to drive for one year following when the person becomes legally able to drive.

However, by hiring the law offices of Wallin & Klarich, we can fight to have the court issue a restricted license based on a showing that the minor “critically needs to drive”.

Under California Vehicle Code Section 12513 a critical need to drive is defined as:

•    School or other transportation facilities are inadequate for regular attendance at school and at activities authorized by the school. The application for a junior permit shall be accompanied by a signed statement from the school principal verifying such facts. A junior permit issued under this subsection shall be restricted to operating a vehicle from residence to the school and return.

•    Reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary due to illness of a family member. The application shall be accompanied by a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the emergency.

•    Transportation facilities are inadequate, and use of a motor vehicle is necessary in the transportation to and from the employment of the applicant and the applicant’s income from such employment is essential in the support of the family, or where the applicant’s operation of a motor vehicle is essential to an enterprise from which an appreciable portion of the income of the family will be derived.