Monday, June 10, 2013

Under 21? Two California laws that may suspend your driver's license.



The DMV location in Hillcrest, San Diego, California


 Students are often surprised to hear of two separate California laws that result in the suspension of their drivers’ licenses, even though those crimes have nothing to driving or being near a vehicle!

Scenario #1: Minor in Possession of Alcohol
Stuart Student is under the age of 21 and is at a friend’s apartment drinking beer. The social gathering gets loud enough to annoy the neighbors and they call the cops. Stuart Student subsequently get cited by a police officer for “Minor in Possession of Alcohol,” or violation of California Business and Professions Code section 25662.

Result: If Stuart Student either pleads guilty to, or is convicted of, being a minor in possession of alcohol, the Court must suspend his driver’s license for a year! Keep in mind, Stuart Student was nowhere near his car, was not trying to drive, nor was he storing alcohol in his car!

Scenario #2: Possession of Less than One Ounce of Marijuana
Ursula Undergrad is 19 years old and likes to smoke marijuana. Ursula Undergrad does not have a prescription for medical marijuana but is not afraid of an infraction ticket, so she puts a baggie of marijuana in her pocket before heading to class.  Later Ursula Undergrad is stopped by a police officer for jaywalking and she confesses to the officer that she has less than an ounce of marijuana in her pocket. She knows it is only an infraction to possess so little marijuana, so she thinks "what is the big deal?"

Result: While it is true that under California Health and Safety Code 11357(b) Ursula only faces an infraction for her possession of marijuana, because she is under the age of 21, California Vehicle Code 13202.5 requires that her driver’s license be suspended for a year if she pleads guilty to or is convicted of the infraction. Again, Ursula Undergrad was not driving her car at the time, nor was she anywhere near her car! Yet, she may lose her license.

Student Legal Services has met with many UC San Diego students who have found themselves in positions much like "Stuart" or "Ursula" above. If you are a currently-registered UC San Diego student, please do not hesitate to contact our office if you want more clarification on the special effect of some California laws on students under the age of 21.