Alcohol & Drugs: MIP, MIC, Intoxication Question about MIP

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Teri57

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I have a 19 year old son who is being told he will receive an MIP for being with kids under his age. We live in the state of Montana. He was out partying with a group of kids last Saturday night. When he was stopped on Sunday he had an empty cans in the back of his truck. He was not issued a ticket at that time but has since been told by others that he will be getting an MIP. How do they issue one and can we fight it after the fact. Yes he was doing something wrong however they should not be able to hold it over his head like this.

Also can he be charged an MIP if he attends a party with alcohol but he is not drinking?
 
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