Alcohol & Drugs: MIP, MIC, Intoxication Ms. Judy Sager

[judyms772]

My son, along with another minor got an MIP last weekend under these circumstances -He is 20 yrs old and was a passenger in the car. the other person was also a passenger. He refused to take a breathalizer test and due to comments made was put in jail over night. His companion also refused. He has court on the 30th of August.

The question is his companion got a ticket for both a MIP and MIC whereas my son only got a MIP. there was no liquor in the car so the MIP is an erronous charge from my perspective. Is this a correct assumption?

Also regarding a deferral - he just recently deferred a driving violation and when he was a minor (16 yrs old) he deferred a juvenile theft charge. Is he eligible to defer this ticket or should we hire an attorney to fight the ticket. He is willing to defer if possible but if need be fight it on the basis that he was not in possesion of anything.

Thank you in advance for your answer.

 

[charlesesq]

My son, along with another minor got an MIP last weekend under these circumstances -He is 20 yrs old and was a passenger in the car. the other person was also a passenger. He refused to take a breathalizer test and due to comments made was put in jail over night. His companion also refused. He has court on the 30th of August.

The question is his companion got a ticket for both a MIP and MIC whereas my son only got a MIP. there was no liquor in the car so the MIP is an erronous charge from my perspective. Is this a correct assumption?

Also regarding a deferral - he just recently deferred a driving violation and when he was a minor (16 yrs old) he deferred a juvenile theft charge. Is he eligible to defer this ticket or should we hire an attorney to fight the ticket. He is willing to defer if possible but if need be fight it on the basis that he was not in possesion of anything.

Thank you in advance for your answer.

Much of what you discuss has to do with the state within which you are in. The law regarding what constitutes a "MIP" and "MIC" minor in possession or consumption violation is codified by and specific to your state law. Same thing goes with deferrals. Regarding proof of the alcohol, what was the reason for the violation? I have found that in most cases people don't act certain ways without some reason and here I've not heard the catalyst for this situation.