The Under-21 Year-Old Driver: Many Ways to Lose Your License

Be careful, youngsters. If you are under 21 there are many ways to lose your license besides the obvious one-year suspension for a DUI. The Law Offices of EJ Stopyro deals with many such suspension issues. For example, if you are under 21-years-old and convicted of Vandalism, a judge must suspend your license for up to two years. (V.C. §13202.6)  

In 1984 the Legislature found that people under 21-years-old who abuse alcohol or drugs pose a danger if allowed to drive. Therefore, in order to discourage young people from using or possessing drugs, the Legislature enacted Vehicle Code Section 13202.5. This section requires a judge to suspend your license for one year if you are under 21-years-old and are convicted of any of the following offenses:

• Buying alcohol or drinking alcohol at a store. (B&P Code §25658)
• Attempting to purchase alcohol. (B&P Code §225661)
• Possessing alcohol in any public place, including on a roadway. (B&P Code §25662)
• Being drunk in public. (P.C. §647(f))
• Reckless Driving (V.C. §23103)
• Driving with alcohol in your system. (V.C. §23140)
• Just about any drug offense, including simple possession of less than an ounce of marijuana. (H&S Code §§11000 et. Seq.)

So if you are under 21, be careful before you plead guilty to any of the offenses above. If you are facing any of these charges, call the Law Offices of EJ Stopyro at (949) 559-5500 for a free consultation or visit our website at www.ejesquire.com

The one-year suspension is mandatory. However, if your license is suspended under this law, you can ask the judge for a restricted license based on a critical need to drive. This is not easy to get. The critical need restriction is only available in three situations:

School

If you can show the judge that you attend school and that there is no adequate transportation provided by the school or through public transportation, then a judge can allow you a school restriction. If there is a bus stop within one mile of your residence, then there is adequate public transportation.

Work

This restriction is only available if your income from work is necessary to support your family—not just you. This requires proof that your income is needed for family support.

Medical Necessity

You must show that your family needs you to drive because of an illness of a family member. This must be verified by a doctor.

A critical need restriction is difficult to get and is limited in scope. If you have questions, call the Law Offices of EJ Stopyro at (949) 559-5500 or visit us at www.EJEsquire.com.