Alcohol & Drugs: MIP, MIC, Intoxication mip

[angrymomtx]

My son was at a party where alcohol was present. He was not inside the home when police arrived. Everyone at the party was issued a citation for mip..although not everyone..including my son..were not in possession. The alcohol was inside while my son was outside with friends. While talking to the prosecutor.. he said all he had to do was prove my son was at any point inside the house. They tried to show us pictures of marijuana and pipes..beer cans..etc. we choose to fight the charge and not plead out. I suppose my question would be...what would be the beat angle for me to approach this situation in trial. I can not afford an attorney..and I believe they cant prove beyond a reasonable doubt that he either possessed..controlled..or consumed any alcohol.

 

[Betty3]

You might try to get an attorney. Sometimes an initial consultation is free. You can also try your local legal aid society. If an attorney can't be afforded, the court can be asked to appoint one & they might or might not appoint one based on various factors.

 

[army judge]

Hello "angrymomtx", first of all, you are correct to be angry. Your son did a very foolish thing by staying at that party. Texas law is very, very clear when it comes to this offense. Just "being there, hanging out" is enough for the state to use to convict him. If this ever happens again, he should immediately leave the area and not look back. It's his future he's playing with in this matter. As silly as it sounds, this could impact his ability to retain a drivers license, get a job, pass a aground check; so make sure he understands how this can ruin him.


A charge of Minor in Possession (MIP) means: a person under the age of 21 years, has been cited by a police officer or Texas Alcohol Beverage Control Officer for being in possession, ownership, or control of an alcoholic beverage. The principal element of this crime, which must be proven beyond a reasonable doubt, is that you were in possession, ownership, or control of an alcoholic beverage. But, this is where they get very tricky. That's why I advise minors that to them (unless mom or dad is present), alcohol is kryptonite and they are Superman or Superwoman. When they even suspect they are in it's presence, run, run for the hills! Run for their lives!!!!

Minors are at risk of an MIP citation anytime they go to a party, nightclub, or when they are in a vehicle where alcohol is present. A minor can be in the proximity of alcohol which belongs to another person, but cannot touch, hold in his/her hand, transport, attempt to purchase, consume, or have any contact with it.

Possession of an alcoholic beverage may also include situations in which there is "constructive possession." No doubt mom, this is what the persecutor believes your child did. An example of constructive possession is when a minor is in an automobile where alcohol is readily accessible to any minor passenger in that vehicle. This situation extends to alcohol which is on the car seat, floor, or stored in the trunk of an automobile in which the driver is a minor and is in possession of the keys which unlock the trunk.

Constructive possession may also exist when:

you are at a table with several people who are drinking from a pitcher of beer with cups scattered about;

you pick up empty beer cans and cups;

you hold a friend's beer so that they can put on their jacket;

you use a beer can as a spittoon.

A minor is considered to be in possession of alcohol simply if he/she is carrying a grocery bag for a friend in which alcohol has been packed.

According to the Texas Alcoholic Beverage Code

106.05 Possession of Alcohol by a Minor

Texas Alcoholic Beverage Code, Sec. 106.05 provides that a minor (a person under the age of 21 years) commits this offense if he possesses an alcoholic beverage.

Texas law has exceptions to minor in possession. They are:

A minor may possess alcohol if he is in the visible presence of his adult (over the age of 21 years) parent, guardian, spouse, or other adult to whom he has been committed by a court.

A minor may possess alcohol while in the course and scope of his employment; if he is an employee of a licensee or permittee and the employment is not prohibited by this code.

This offense is a Class "C" misdemeanor punished by a fine not to exceed $500.00. However, if a minor has 2 prior convictions, the punishment is a fine of not less than $250.00 or more than $2,000.00 and/or confinement in jail for a term not to exceed 6 months!

The court shall order a convicted minor to perform community service for not less than 8 or more than 12 hours. However, if he has a prior conviction, the community service is not less than 20 hours or more than 40 hours.

The court shall order the Department of Public Safety to suspend the minor's driver's license or permit or, if he does not have one, to deny the issuance of one for: 30 days if he has no prior convictions; 60 days if he has one prior conviction; or 6 months if he has 2 prior convictions.

For the purpose of determining whether a minor has a prior conviction, an order of deferred adjudication for a prior offense is considered a conviction!

The court shall require a convicted minor who has not been previously convicted to attend an alcohol awareness course approved by the Texas Commission on Alcohol and Drug Abuse. If he has been previously convicted, the court may require him to attend the course.

Mom, they've pretty much got this air tight. A good lawyer can often, depending upon the facts of the case, offer defenses that get better outcomes than a conviction or a plea.

Why not talk to three or four in your county???

The initial consult is often free of charge, and you can learn more by asking a few questions.

Bottom line: he doesn't want to plea this out or get convicted. If you go to trial, demand a jury. Juries listen to facts with open minds, and a JP or Muni Court Judge gets a portion of ALL fees and/or fines assessed.

Think about it, I'll say no more.