Alcohol & Drugs: MIP, MIC, Intoxication Minor in Posession

[Foughty]

In Texas last year when I was 19, I was riding with a friend who had afew beers (unopened) in his backseat. We were pulled over because he was speeding (so the cop says). He walked up to the car shining his flashlight and saw the beer and told my friend to get out of the car. He was given sobriety tests and told to sit on the police car. One of the cops (now there were 2 of them) told me to get out of the car. He searched the car and came back and put my friend in handcuffs and put him in the car. He then proceeded to give me 2 sobriety tests which I passed, he ran my license and it came back clean. Then to my surprise, he told me to turn around and put my hands behind my back, that I was under arrest for "posession of alcohol" (his exact words). I was in jail for approx. 11 hours. I bonded out and got a lawyer for $150, my plea bargain has already come through which is $175, 8 hours community service, and an alcohol awareness class. This is my first offense, and my first time in jail, which I think jail is obsurd for an MIP. I don't want to take the plea bargain, but I also don't want to dish out the money for fighting the ticket. What should I do?

 

[Michael Wechsler]

I'm not sure what choices you have. You broke the law and need to accept the fact that you cannot legally possess alcohol until you are of age 21. This is a difficult topic because the law is commonly broken, but there are some very good reasons why this law is in effect and you have to respect it.

The plea bargain does not seem to be bad and you may be subject to a greater penalty if you go to court. In some instances, plea bargains are struck where you would be subject to a probationary period where, if you do not have any offenses, the charge is wiped clean from your record. Perhaps you should discuss that with your attorney.

But what will you say in court? That you think the law is ridiculous? That is something that you might to say to the legislature, which is the group responsible for making the law. The court merely enforces it and unless you have something good to say for your defense, the consequences could be worse.