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Thread: MIP vs. MIC

  1. #1

    Join Date
    Dec 2001
    Thanked 0 Times in 0 Posts

    MIP vs. MIC

    I'm 19, and i live in Corpus Christi, TX.

    Last night one of my roommates called and asked me to come and pick her up at a party she was at. When i got there, i got out and tried to find her, but while looking for her the cops came. Their were a lot of minors present, and the five different cops there ended up giving out about 40 tickets. Some people got MIC, and others received MIPs. I told the officer that i had just gotten there, hadn't been drinking, and was just trying to pick up my roommate. The cop said he didn't care and gave me a ticket for minor in possesion. I asked to take a breathalyzer, but the cop refused to give me one, and handed me the ticket. I was not guilty of anything other than being a responsible citizen who was trying to keep drunk drivers off the streets. I was also confused because another of my friends who also hadn't been drinking and like me was refused a breathalyzer, was given an MIC, not an MIP.
    My questions are:

    1. What is the difference between an MIP and MIC? Why would some of us get MIPs and others MICs?

    2. I want to plead not guilty to the charge, but do i have justifiable reasoning behind the argument that might convince the judge?

    Thank you,

  2. thelawprofessor's Avatar
    Join Date
    May 2001
    New York City
    Thanked 297 Times in 278 Posts
    You need to post the reference to the statutes that you are talking about -- is there a number?

    Minor in possession would mean that you physically possessed the alcohol while consumption might mean that you didn't have it in your possession, but that you had actually consumed the alcohol. Some states don't make such a distinction. I'm not sure why you aren't sure whether you are justified in pleading not guilty if you weren't guilty of the crime! If you received an MIC (which I believe is Minor in Consumption) then it might provide a problem for the officer to prove.

    The easiest way to prove that you were called to pick up your roomate might be to (1) plead not guilty; (2) present a copy of the phone bill to the judge from the phone which you were called; (3) tell the judge that you demanded a breathalyzer and sobriety test but you were refused.

    You may even want to discuss the matter with the prosecutor. I would be confident and allude to the fact that you are thinking about calling a lawyer because of the complete disregard for the truth exhibited by the officer and how this may seriously affect your reputation by this deliberate and false summons. I wouldn't play the card too much. This matter might be dropped long before your appearance date, especially if you have never been cited.
    Forum posts are not legal advice, are for educational purposes only & are not substitutes for proper consultation with legal counsel.

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