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

[Jill]

I had some people over to my house 18-19 and 20 year olds. Some people brought alchol over, and some people drank at another party and came over and some had not been drinking. The police came because of a noise complaint from a neighbor. One girl was outside and had a beer under her chair the police made everyone come inside and take a breath alizer. I was not drinking and told them that. And bloew a .000. Some people at the party got MIP's based on their breathalizer. I was told I was not going to receive a ticket and the police left. A week later I was sent a ticket for an MIP from an officer that was not even at the scene. I don't understand why I received an MIP when I clearly was not drinking, how should I handle this in court?

 

[Michael Wechsler]

How do you know that the officer was not at the scene? If the officer was not at the scene, how could you receive an MIP? The officer is attesting to the fact that you were a MIP but how can he do that if he was, for example, sunbathing in south Florida? This is a bizarre situation and perhaps there is more to this incident?

 

[Jill]

Two officers were at the scene and gave MIP's to the minors that had .02 and above on the breathalizers. A report was filed by the responding officers. The youth officer mailed a ticket to me a week after the incident even though I blew a .000 on the breathalizer and told the responding officers that I had no alcohol that night. The minors that were given MIP's had been drinking at another location and had brought their alcohol to my house and presumably consumed some of it on my property but the point to me is that I had not been drinking and was not given at ticket at the scene that night. It was an officer that had not been at the scene that signed and sent the ticket for MIP to me a week later. I was wondering how I should proceed with this matter.

 

[Michael Wechsler]

Assuming that all is as you say, there is absolutely no way that you can be pinned with an Minor In Possession. However, let's clarify a few things -- did you get a letter from an officer not at the scene or was the actual summons itself issued from the officer? Is the crime charged for a Minor In Possession of Alcohol or is it something else? Is there another reason, despite blowing a %0.00, that they had a reason to say you had possession of alcohol in any way, even if just holding a beer for a friend?

Regardless of the state, all criminal law statutes require 2 elements -- a guilty mind and a guilty act. If you did not intend or actually possess an alcohol -- and you blew a %0.00 which shows a zero percent amount of alcohol consumed (even a minute amount might have made you guilty) -- then they should not have a chance. You might want to clear this up with the prosecutor's office to have them drop the charges or consider hiring an attorney for malicious prosecution.

That said, I have rarely found that prosecution is pursued when there is zero evidence of a crime. Usually there is at least something circumstantial and I'd be interested in knowing why they came to charging you and the basis for any decision to push forward.

 

[Jill]

MIP

In response to your questions:
1.The summons came from our city's "school liason officer" He was not at the scene and it was mailed to me a week and a half after the "event".

2. The charge was MIP even though it shows on the citation that I blew a 0.0.

3. I was asked at the scene if I had any alcohol and I said NO.

4. I did not touch any alcoholic containers but this occured on my parents property. The alcohol was brought by other kids coming over from another gathering at the end of the night. When I called the officer issueing the ticket to ask why I got an MIP he said I should be happy to be getting off with just an MIP that he could have hit me with a "hosting" charge.

I have a meeting this Friday with the prosecutor. I would appreciate any advice.

 

[Michael Wechsler]

Perhaps he may be correct that you might have been guilty of another infraction if you allowed them to party on your property with alcohol knowing that they were underage. That still doesn't mean that you are guilty of the offense charged. I don't know where this event happened nor the exact statutes involved and whether one carries more severe repercussions than the other -- but one thing we do now know is why you were issued the summons even though you weren't drinking.

 

[Jill]

MIP

This offense occured in Michigan. I am confused now. Are you saying I am guilty of Minor in possestion if I allowed them to party on my property even though I did not invite them, I did not provide the alcohol and did not drink myself. Or are you saying I may be guilty of something else, but then why did they charge me with MIP?

 

[Michael Wechsler]

I'm guessing that it is possible that you could have been charged under some "hosting" law but you were given a lesser charge of possession. It is possible that what you hosted may also fall under the possession statute, but it is unclear. Here is what I found in MI law, which may or may not be what you are charged with violating:

436.1703 Purchase, consumption, or possession of alcohol ic liquor by minor; attempt; violation; fines; sanctions; furnishing fraudulent identification to minor; chemical breath analysis; notice to parent, custodian, or guardian; construction of section; exceptions.
Sec. 703. (1) A minor shall not purchase or attempt to purchase alcohol ic liquor, consume or attempt to consume alcohol ic liquor, or possess or attempt to possess alcohol ic liquor, except as provided in this section. Notwithstanding section 909, a minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions, and is not subject to the penalties prescribed in section 909: (a) For the first violation a fine of not more than $100.00, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (3).

(b) For a violation of this subsection following a prior conviction or juvenile adjudication for a violation of this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more than $200.00, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (3).

(c) For a violation of this subsection following 2 or more prior convictions or juvenile adjudications for a violation of this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more than $500.00, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (3).


(2) A person who furnishes fraudulent identification to a minor, or notwithstanding subsection (1) a minor who uses fraudulent identification to purchase alcohol ic liquor, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(3) The court may order the person convicted of violating subsection (1) to undergo screening and assessment by a person or agency as designated by the substance abuse coordinating agency as defined in section 6103 of the public health code, 1978 PA 368, MCL 333.6103, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs.

(4) The secretary of state shall suspend the operator's or chauffeur's license of an individual convicted of violating subsection (1) or (2) as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.

(5) A peace officer who has reasonable cause to believe a minor has consumed alcohol ic liquor may require the person to submit to a preliminary chemical breath analysis. A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a criminal prosecution to determine whether the minor has consumed or possessed alcohol ic liquor. A minor who refuses to submit to a preliminary chemical breath test analysis as required in this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.

(6) A law enforcement agency, upon determining that a person less than 18 years of age who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, allegedly consumed, possessed, purchased, or attempted to consume, possess, or purchase alcohol ic liquor in violation of subsection (1) shall notify the parent or parents, custodian, or guardian of the person as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the law enforcement agency. The notice required by this subsection shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated subsection (1) is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6. The notice may be made by any means reasonably calculated to give prompt actual notice including, but not limited to, notice in person, by telephone, or by first-class mail. If an individual less than 17 years of age is incarcerated for violating subsection (1), his or her parents or legal guardian shall be notified immediately as provided in this subsection.

436.1705 Power of peace officer or law enforcement officer witnessing violation to stop and detain person; issuance of appearance ticket.
Sec. 705. A peace officer or law enforcement officer described under section 201 or an inspector of the commission who witnesses a violation of section 703 or a local ordinance corresponding to section 703 may stop and detain a person and obtain satisfactory identification, seize illegally possessed alcoholic liquor, and issue an appearance ticket as prescribed in section 9b of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9b.

 

[Jill]

MIP

I had my meeting with the prosecutor. He was completely baffled by why they issued an MIP. There is a city ordinance that calls for a civil infraction for attending a gathering where minors are drinking so he changed the charge to minor attending an Mip and I was fined $25 for the civil infraction./ So any way a lesson was learned about staying out of trouble.

 

[Michael Wechsler]

Well, at least it wasn't a lesson a very hard way like others I have seen here have learned unfortunately. Good for you and good luck!

 

[Bucwild00]

TO: thelawprofessor

LawProfessor,
I was given a ticket and charged with Possesion of alcohol as a minor in the state of Georgia. I am 20 years old. I had consumed a beer earlier and told the officer so, but was not possesing any alcohol at all when I was interrogated by him. I was not given a breathalizer. I plead not-guilty and have court friday 25 jan. I have a lawyer and he says that he should be able to get the charge off my record and is not sure if he can get the fines dropped even though I wasnt possesing anything. He says that the cop will just say that I had been drinking and I will be screwed any way. It doesnt seem as my lawyer is working too hard to get me out of the fines though. What if any, is the chance I could get the charges dropped if the crime doesnt fit the charge as in this case?

 

[Michael Wechsler]

I can't tell you chances in court and your lawyer, who is in the best position, can't guarantee anything either -- who can? What the attorney is saying is that in court, it is a matter of credibility --does the judge believe you or the officer? That's up to the judge. If it comes down to being your word against the officer's, you may not win the case, regardless of the fact that you may be correct. However, there might be other factors present here which may make you liable under the statute or which may not weigh in your favor, which your attorney is privy to. Your attorney is in the best position to give you advice and, if you seem to be generally happy with his work and his general abilities, then I would say you should consider what is being said and make your own decision.