Alcohol & Drugs: MIP, MIC, Intoxication MIP and Open Container

[bg007]

Last night, I was returning home from a freinds with a beer in my hand. On the way back, a police officier followed me and then eventually pulled over. I turned back to look and in the process dropped the beer. The bottle broke, but I picked it back up and went to talk to the officer. I cooporated and she took a sample of what was left in the bottle (presumably to test if it was alcohol). Then she came back and wrote me a MIP and open container ticket.

Here are the local laws for both:

MIP:

Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his possession any intoxicating liquor or nonintoxicating beer, as defined in this chapter, is guilty of a misdemeanor.


(Code 1964, § 4.130)

Open-Container:

(a) It shall be unlawful for any person to possess any alcoholic beverage on any street, sidewalk or city parking facility unless such alcoholic beverage is in the original container and the seal is unbroken.
(b) It shall be unlawful for any person to consume any alcoholic beverage on any street, sidewalk or city parking facility.
(c) The definition of "alcoholic beverages" contained in Chapter 4 shall apply to this section.
(d) This section shall not apply to possession or consumption of any alcoholic beverage in a licensed motor vehicle.
(e) The city council may temporarily exclude any street from the provisions of this section in connection with the temporary closing of the street for a special event.
(f) A violation of this section is a class B misdemeanor.

(Ord. No. 14048, § 1, 5-2-94)

My questions are as follows: How could I be cited for the open container when there was no proof that in fact the container was open prior to my dropping it? Also, were there any rights that I was entitled too? The officer patted me down without requesting (though this was after she saw the alcohol in my hand). I was not arrested formally, but I did have to sit in the back seat of the car for some time while she ran my numbers. I am 18 and attend college in Columbia, MO. Finally, whats my best course of action now (my only prior legal infraction is a parking violation)? What can I expect? Thanks in advance.

 

[Michael Wechsler]

With regard to your inquiry of a "lack of proof" of an open container, the officer could easily state that he/she believed she saw that you had an open container which you destroyed. It think that it is a weak argument to say that you can't be found guilty because you destroyed the evidence. Additionally, once the bottle broke, the seal was no longer intact! There could be an argument about possession but, that too, is really a weak argument. It would be a different story if you could plead not guilty since you actually had a closed bottle that you dropped. However, if you were charged with an MIP then that would not extinguish your liability under that separate offense if such was alleged.

If you search here you can find several cases where the charges were dropped. This one doesn't sound too serious and it is difficult to say what to expect other than your knowledge that the penalties that could be exacted are those for a class B misdemeanor. It always varies...

 

[bg007]

Also...

Also, I was told to sit in the car for some time without her mentioning why I was being held. I was pretty sure it was for having the beer, but she simply told me to place the bottle on the car and then get inside after she patted me down. Was I entitled anything in the way of information before she told me to get inside the police car? I wasn't driven anywhere, but was in teh car for some 15 minutes while she ran numbers and then explained the charges (MIP and open-container). Thanks again.

 

[Michael Wechsler]

Unfortunately none of the police officer's conduct changes the elements of the crime to which you were charged as it was merely peripheral. You weren't entitled to Miranda since you weren't arrested. A pat down for weapons may not necessarily be out of line given many circumstances. Again, it's peripheral to the crime.