Alcohol & Drugs: MIP, MIC, Intoxication MIC - But dad gave him the beer

[Mike1960]

Ok - it was the Fourth of July and I let my 17 y/o have a couple beers.
He then went out on Lake Texoma (no beers on the boat) and was given a MIC Citation.
Since I approved him drinking 2 beers and he was only a passenger on the boat... What are my chances in having this dismissed?? Anyone...??

 

[bryan]

Texas and Oklahoma both allow a minor to drink with a parent's consent in their presence I believe. This would tell me you have a case to argue. I am not sure under which jurisdiction the citation would fall though.

For Texas specifically I think it falls under the following section of the Texas Alcohlic Beverage Code

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§ 106.04 – Consumption of Alcohol by a Minor
(a–b) A minor commits an offense if they consume alcohol unless they are in the visible presence of, and have the consent of their adult parent, legal guardian, or spouse.
x
(c) An offense under this section is punishable as provided by §106.071.x
x
(d) A minor who commits an offense under this section and who has been previously convicted of offenses under this section is not eligible for deferred disposition.

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I do not have the citation for Oklahoma right now though.

 

[Mike1960]

Plot thickens...

Thanks for your input!

But now the plot thickens...

I've just received the sworn complaint by the peace officer and it's incorrect. He states (And I Quote) "After stopping the boat for a water safety check, a large number of full and empty beer cans, were observed. TABC officer Clint P. then asked the occupants for I.D. and if anyone had been drinking. The Defendant who admitted to drinking was then written a citation."

I inspected the boat before they left and there weren't a single can of anything on that boat. If fact they drank a few bottles of water of mine (Without asking I might add!).

Either the Peace Officer has made a mistake (which we humans do from time to time) or he is fabricating seeing full and empty beer cans so not to violate the boys constitutional rights for making them submit to a breath test with no evidence in the boat to warrant the breath test.

Again I allowed my kid to drink my beer with me. Something I don't normally do but being the holiday I caved in and said O.K....

I'll keep this "blog" up to date as the story unfolds... And and all advise is greatly appreciated!

 

[bryan]

Hmm. Thanks for the update. I hope things work out.

 

[CARAMIa]

just wanted to wish you luck, I applaud you for supervising your sons drinking, in calif a parent goes to jail for that which in my option is horrible. Kids need to be supervised if they are going to be social drinkers at 21, also would like to add kids today take dui very seriously now much more so then when I was young, but it is a money maker for the states so I suppose that is where all the mip are expluding from now