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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31561
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My son was cited for MIC in a hotel room in South Lake Tahoe.

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My son was cited for MIC in a hotel room in South Lake Tahoe. He blew a .03. He just went to court and they took his license away for 3 months. He was 17 when the MIC occurred and now is 18 and heading off to college. Can I fight this ruling?
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to help you with this issue.

Nevada has a zero tolerance policy for anyone under the age of 21 who consumes alcohol. However, there are a few exceptions that may apply. A minor is not in violation in the following situations:

1. for a valid and established religious purpose
2. when a minor is accompanied by his or her parent, spouse, physician, or legal guardian who is at least 21 years of age
3. within the confines of a private club or organization, or
4. during the course of employment for a licensed vendor or wholesaler, which includes selling, handling, serving, or transporting alcohol for that employer.

(Nev. Rev. Stat. § 202.020, Nev. Rev. Stat. § 202.055(2).))

If none of these apply, you can still appeal the decision, BUT it would likely be very hard to prevail if the BAC is correct.

Even if you don't appeal, it is possible to seek a restricted driver's license, which would allow him to drive for specific purposes. Here's a good link that outlines this: http://www.dmvnv.com/pdfforms/dmv021.pdf

I hope this answers your questions, but if you need something else, please let me know.

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