My son at the age of 15-12 years old received a ticket for driving under the influence but the ticket is checked as an infraction - his reading was .06 - He also was sited with a misdeameanor for driving unlicensed. We are scheduled for court but not sure what we are up against. any ideas?
2007-03-08 05:04:29 · 6 answers · asked by Susan C 1 in Politics & Government ➔ Law Enforcement & Police
Carl has it right, and is citing the correct statutes if this is a California offense. In general, an infraction is not punishable by time in custody, but only by a fine. A misdemeanor is punishable by up to a year in jail (though some statutes call for less time), and a higher fine. A felony is punishable by a prison sentence of a year or more, and a high fine.
You, however, will be going to juvenile court. It is probable that he will get some sort of community service requirement, and it is certain that he will have to wait longer before he can be legally licensed (which would seem to be more of a punishment for the folks who have to keep acting as driver).
2007-03-08 11:38:02 · answer #1 · answered by Anonymous · 1⤊ 0⤋
What state is this? And what is the code section of the violation?
If this is CA I think the violations are CVC 23140 (under 21 with BAC .05+) and CVC 12500(a) (unlicensed driver). Even the 12500 will generally be treated as an infraction, and unless he has an extensive history it would be doubtful to see the 12500 result in custody time.
In most instances, the difference is going to be that a misdemeanor is subject to custody (jail) time, and an infraction is punishable as a fine only.
- Carl
2007-03-08 13:39:45 · answer #2 · answered by cdwjava 3 · 1⤊ 0⤋
As he is a juvenile the probate court or family court will likely contact you. At his age he will not end up with any time in juvenile home due to the lack (thank god) of a victim of his crime. Had he schmucked someone he could have been sentenced as an adult and spent some years in prison!
He will become familiar with the term "intensive probation" as will you since you have to drive him to his p.o. and he will have some mandated counseling. He will, however, not get a license until he is probably 21.
2007-03-08 13:17:53 · answer #3 · answered by Kevin C 3 · 0⤊ 0⤋
A misdemeanor is a crime less tha an felony, thus it's punishment is less severe. An infraction is a violation of a law, which could be either a misdemeanor, or a felony, depending on what that person done.
2007-03-08 13:19:55 · answer #4 · answered by WC 7 · 0⤊ 0⤋
A minor fist fight is usually charged as a misdemeanor. A speeding ticket is generally an infraction.
2007-03-08 15:01:20 · answer #5 · answered by Natasha 1 · 0⤊ 0⤋
A year in jail or 1000 dollar fine for the misdemeanor, 15 days on jail or a much smaller fine.....although they'll probably know them all down, make him pay a fine and require drug/alcohol counseling. Plus take away his ability to get a license until he's 18 or 21.
2007-03-08 13:12:12 · answer #6 · answered by zebj25 6 · 0⤊ 1⤋