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| 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.
