Alcohol & Drugs: MIP, MIC, Intoxication Furnishing alcohol to a minor.

[dpinkston]

For the summer I had my 17 year old brother down for a few months in kansas. On of this nights my brother had take a drink out of the fridge and had one. I was aware of it. Later we got in a argument in the front yard and the cops were called. He got breath tested and then I got slapped with a furnishing alcohol to a minor offense. I already had the first court appearance in which I pleaded not guilty. I was curious if I had any kind of case?

I was thinking I might since I was his guardian. And I believe the law states it is allowed if I am the guardian and it happens at my private residence.

Any thoughts or suggestions would be greatly appreciated.

Best Regards,
D

 

[CdwJava]

You are not his legal guardian - you are his brother who he was visiting.

Had this not gotten into a public shouting match and the police not been called, this would never have been an issue.

Have you spoken to an attorney, yet? I can't imagine that if he truly had only one beer from your frig that this is going to be that big a deal. But, each state is different.

- Carl

 

[dpinkston]

No I have not hired an attorney yet, but yes he did only have one, well actually 3/4 of a malt beverage. So pretty much there is nothing I can do?

What if, they have no proof of me providing the alcohol and the only witness (my brother) never stated where he had received the alcohol (which he claims he didn't) Would I have a case due to lack of evidence?

Thanks in advance,
D

 

[CdwJava]

Whether they can make a case or not depends on what they were told. he was in your care and in your house when he drank, so the inference is that he got the alcohol from you. You can always argue that he stole it from yuor frig., I suppose, but do you really want to throw down your brother like that?

Personally, I think this is a big nothing unless you have some kind of prior history and someone miffed at you. Or, he was ripped ... or the two of you were involved in a big public brawl in the yard ...

- Carl

 

[Mrlawyer2007]

You should get a lawyer ASAP. I have seen some stiff fines for this citation in the past. Hopefully you have a clean criminal record. So you have any priors? What was the reason for the police being called?