Alcohol & Drugs: MIP, MIC, Intoxication any way to get out of minor in possesion?

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jeffb124

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Last weekend my 16 year old son got charged with minor in possesion with one of his buddies, he was in his friends car and he was not at all drinking yet he was charged with an m.i.p. for being there. I have understood that texas law says m.i.p.'s will get driver's license suspended for one month, a big fine, and community service hours as well as alcohol awareness classes. I am wondering if there is anything to be done to get out of the driver's license suspension, since my son has a job that has odd hours. I do not want to tote him back and forth from work after school till late at night. Is there anything that can be done, to save his driver's license and up his fine and community service hours, possibly with mention of the work issue?
 
I'm not sure what statute he was charged with violating. I believe there are several in TX and there may be a difference with regard to statutes concerning alcohol consumption in motor vehicles.

If he wasn't drinking and was issued a summons because he was in the car, then one very good defense is to challenge the prosecutor's burden to establish the charge. I would have a serious talk with my son and ask why he was given the summons and that this isn't the time to justify. Was it truly being in the wrong place at the wrong time or is it possible that his friend's beer happened to have been on his lap or on the seat next to him? You aren't the person that needs to be convinced. If there is something that you and/or your attorney needs to know they must know it immediately because it will be much worse if you fight it and then an uncovered issue is raised at trial.

What has happened so far to his friend? If a plea bargain is necessary then perhaps that might also be a good compromise, such as probation.
 
MIP

I know a few people who were given MIPs in TX. Here's the deal on them: You get one if alcohol is within sight of you and there is nothing/no-one controlling whether you can access it or not (say a bartender or someone checking IDs). You can be the designated driver. Heck, you could even be the unlucky person who was just about to leave. AND, you are NOT given the right to demand a breathalizer test. The police will hand out MIPs to everyone who was there.

Now, this really sucks. This is what someone who is a member of the Texas state government told me... It's because most people who are 18-21 don't vote. The people voting on these laws... for making these laws so tough.. are the people who are older. There's such an apathy in the 18-21 crowd especially.... that they don't try to fight against all these unfair laws.
 
The harshness of the statute is probably two-fold. One may be one of the reasons you mentioned (he who has the gold can be more influental in making the rules) as well as the fact that younger people are less responsible. We've all been there and, additionally, the law does have quite a number of protections that benefit those who have not reached the age of "adulthood."

Additionally, there could be a serious drinking problem in TX and drunk driving laws have become stricter all over the country. The enforcement of the law seems unfair as a law cannot be unduly vague, at least not in written form.
 
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