Last night I received a MIC and a UIPP in Austin, Texas. The cop handcuffed me and searched my purse without my consent. He gave me a MIC without breathalyzing me. Is there any way I can fight this in court without a lawyer? I hope to have this cleared from my record so whats steps should I take in doing so? I am 18 years old and I don't want to tell my parents. I just got a MIP 2 weeks ago and my parents know about that one and I want to deal with this on my own.
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Alcohol & Drugs: MIP, MIC, Intoxication MIC and UIPP in Texas
- Thread Starter nancy7892
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army judge
Super Moderator
You've received two MIP charges in two weeks, yikes !
Your parents will discover the latest one.
You should tell them.
They are your best allies.
That said, there is no way you won't get into deep poopoo over the second one.
You get one bite at the apple on this.
You've consumed most of the apple now.
The first charge could have been wiped away.
But, two in under two weeks, no way.
You need a lawyer.
You'll only mess this up, much like you're about to do to your life.
If you don't have a lawyer on charge one, get one.
If both charges are in Travis County, they'll eventually be consolidated (judicial economy).
Plead not guilty, ask the court to appoint a lawyer, and stop talking. Make sure the lawyer knows about all charges.
Now, to the bottom line.
Here is what will happen, if you're convicted.
You will eventually lose your driving privileges.
Getting them back will be difficult and expensive.
Obtaining auto insurance will be a nightmare.
A charge of Minor in Possession (MIP) means that you, being a person under the age of 21 years, have been given a citation by a police officer or Texas Alcohol Beverage Control Officer for being illegally 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.
Possession of an alcoholic beverage may also include situations in which there is "constructive possession." 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; or
you use a beer can a spittoon.
Furthermore, a minor will be 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.
*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 license 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.
Part Two, next!!!
Your parents will discover the latest one.
You should tell them.
They are your best allies.
That said, there is no way you won't get into deep poopoo over the second one.
You get one bite at the apple on this.
You've consumed most of the apple now.
The first charge could have been wiped away.
But, two in under two weeks, no way.
You need a lawyer.
You'll only mess this up, much like you're about to do to your life.
If you don't have a lawyer on charge one, get one.
If both charges are in Travis County, they'll eventually be consolidated (judicial economy).
Plead not guilty, ask the court to appoint a lawyer, and stop talking. Make sure the lawyer knows about all charges.
Now, to the bottom line.
Here is what will happen, if you're convicted.
You will eventually lose your driving privileges.
Getting them back will be difficult and expensive.
Obtaining auto insurance will be a nightmare.
A charge of Minor in Possession (MIP) means that you, being a person under the age of 21 years, have been given a citation by a police officer or Texas Alcohol Beverage Control Officer for being illegally 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.
Possession of an alcoholic beverage may also include situations in which there is "constructive possession." 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; or
you use a beer can a spittoon.
Furthermore, a minor will be 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.
*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 license 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.
Part Two, next!!!
army judge
Super Moderator
Part Two, as promised.
I forgot.
These are Class C misdemeanors.
The court in Austin won't usually appoint a lawyer for you.
You need to hire your own.
Therefore, you need your parents.
However, you got two (almost) stacked charges.
You've upped the ante.
You could get jail time.
Not likely, but possible.
It depends, somewhat, on your attitude.
2. HOW WILL A CONVICTION AFFECT ME?
This is a criminal conviction so the following could happen depending on your circumstances:
Loss of driver license
Surcharges by the Department of Public Safety
Increased insurance cost (or cancellation)
Loss of job
Loss of educational opportunities
May affect immigration status
You may want to perform more research or consult an attorney (Court staff cannot assist)
Tell your parents.
Ask for help, legal and psychological.
Don't try to fix it yourself.
Shut up about it.
Stop drinking.
Good luck.
I forgot.
These are Class C misdemeanors.
The court in Austin won't usually appoint a lawyer for you.
You need to hire your own.
Therefore, you need your parents.
However, you got two (almost) stacked charges.
You've upped the ante.
You could get jail time.
Not likely, but possible.
It depends, somewhat, on your attitude.
2. HOW WILL A CONVICTION AFFECT ME?
This is a criminal conviction so the following could happen depending on your circumstances:
Loss of driver license
Surcharges by the Department of Public Safety
Increased insurance cost (or cancellation)
Loss of job
Loss of educational opportunities
May affect immigration status
You may want to perform more research or consult an attorney (Court staff cannot assist)
Tell your parents.
Ask for help, legal and psychological.
Don't try to fix it yourself.
Shut up about it.
Stop drinking.
Good luck.
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