So, what is a MIP ticket or fake ID ticket in Daytona Beach? To put it simply - it is a money-making scam. To give it a legal definition - it is a plea and waiver to a misdemeanor that looks like a ticket. By paying the "ticket" you are admitting to a misdemeanor offense. The Clerk will withhold adjudication when you pay it. Therefore, officers say you won't have a criminal record. The problem with a withhold is that because of the internet, everyone that knows how to look, can see it. You can seal a withhold and then after 10 years you can expunge it. At that point you would not have a record. I doubt any college student wants to wait 10 years to get into a graduate school or to get a job.
The good news is that in Daytona Beach the State Attorney's Office has been reasonable in handling these cases. They have even stipulated to opening old cases on multiple occasions. This is easier to get done if the case has not been closed for very long. As a defense attorney in Daytona Beach I have not had a single underage drinking case that was resolved with a criminal plea. We have been able to get a diversion in all the cases but one. In that one case that involved underage drinking in a car we got a non-criminal open container ticket. That was based on an extensive prior record and that was a ticket instead of a misdemeanor in disguise. Each case is individual so past success does not guarantee a result in future cases. This does show a tendency by the prosecutors to work with us on these types of cases. In the past, they have not wanted to give young students a criminal record after they have invested a small fortune in their education. If you are accused of a crime during Spring Break in Daytona Beach contact attorney Kevin J. Pitts for a free consultation. Everything can be handled over the phone and an office appointment is not required. Call 386-451-5112 for a free case evaluation.