Alcohol & Drugs: MIP, MIC, Intoxication Minor in Possession/Consumption

[kevandcher]

Our son, who was 17 in June, has just received a minor in possession/consumption citation. He and two other teenagers were found at his girlfriend's apartment after the other boys parents had called the police to go and get their son. The officer did administer a breathalyzer test and the reading was .03. The officer called us and asked if we could/would come and pick our son up and we said we would. He was released to our custody that night and given a date to report to the court. At this point, we are not sure if this will be considered a first or second offese. He did received a MIP citation last September.

The county he was in has what is called a "Diversion Program" that is designed to offer young people the opportunity to learn from their mistake without permanant damage to their their future. (Which he, obviously, did not!) They are required to pay a $100 administration fee, attend a victims impact panel and write an apology letter to their parents. All record of this is kept strictly with the diversion officer and nothing is actually sent through the courts nor is the state notified. As long as they complete all of these things and are not involved in anything like this again for a year, the records are destroyed as if it never happened. As I said, he received the citation in September, but did not complete the final step in this program until November. I don't know if it is still on file, or not.

To further complicate issues, he decided over the weekend that he could not live in our home any longer and left. He is currently staying at his girlfriend's apartment with her and her parents.

I have a few of questions in regards to all of this.

1. Is he going to need to commission a lawyer or is this fairly cut and dried?
2. What kind of consequences should he expect?
3. Since he is not 18, are we still legally responsible for him, even though he has chosen to no longer live in our home? What is the extent that we can/will be held responsible for his actions?

I'm sorry for the lenght of this, but wanted to provide enough information.

Thank you.

 

[Michael Wechsler]

Our son, who was 17 in June, has just received a minor in possession/consumption citation. He and two other teenagers were found at his girlfriend's apartment after the other boys parents had called the police to go and get their son. The officer did administer a breathalyzer test and the reading was .03. The officer called us and asked if we could/would come and pick our son up and we said we would. He was released to our custody that night and given a date to report to the court. At this point, we are not sure if this will be considered a first or second offese. He did received a MIP citation last September.

The county he was in has what is called a "Diversion Program" that is designed to offer young people the opportunity to learn from their mistake without permanant damage to their their future. (Which he, obviously, did not!) They are required to pay a $100 administration fee, attend a victims impact panel and write an apology letter to their parents. All record of this is kept strictly with the diversion officer and nothing is actually sent through the courts nor is the state notified. As long as they complete all of these things and are not involved in anything like this again for a year, the records are destroyed as if it never happened. As I said, he received the citation in September, but did not complete the final step in this program until November. I don't know if it is still on file, or not.

To further complicate issues, he decided over the weekend that he could not live in our home any longer and left. He is currently staying at his girlfriend's apartment with her and her parents.

I have a few of questions in regards to all of this.

1. Is he going to need to commission a lawyer or is this fairly cut and dried?
2. What kind of consequences should he expect?
3. Since he is not 18, are we still legally responsible for him, even though he has chosen to no longer live in our home? What is the extent that we can/will be held responsible for his actions?

I'm sorry for the lenght of this, but wanted to provide enough information.

(1) It's impossible to say since these cases are fact specific and sometimes a lawyer sees things others might not. IMHO, any time you are dealing with potentially having a criminal conviction on your record seeking the advice of an attorney would be a good idea. Second offense -- I would.

(2) Impossible to tell. Right now it sounds like he has some serious issues. I he doesn't show any "attitude" in court as a second offender who doesn't take the law seriously and flauts authority.

(3) You shouldn't be responsible for his actions in this instance if you did not contribute to his drinking.

What kind of a relationship do you have with his girlfriend's parents, if at all? Do they know about his offenses? You may want to speak to a person who specializes in dealing with relationships between parent and child.

I'm really sorry to hear about the situation and wish you the best of luck in court and with your son.

 

[kevandcher]

We did decide to hire a lawyer. Whether it really mattered or not, is hard to say. Our son got lucky, once again. I'm not sure whether that is a good thing or not. The previous citation was no longer on record, so he pleaded guiltly to a first offense MIP. He ended up with $165 in fines and costs, 40 hours of community service which he can complete at his school and 2 months of probation. There will also be no action taken against his drivers license.