Alcohol & Drugs: MIP, MIC, Intoxication Mip

[mommie3]

I got a MIP just being at a club not evening drinking. Whats the best advice that you can give me. I am a collge student and its all around us. Should i not go out? Its my first offense ever. All around me there was college kids drinking and the TABC give me a ticket. The one that wasnt drinking. I know MIP doesnt mean that i was drinking but know i am going to have a record. What happens at court. and can i go to court before the time on the ticket?

 

[jharris352]

Go to court and deny that you were drinking or in possession of alcohol. There is no law that says you can't be around alcohol. They have to prove the case. You will be fine.

 

[CdwJava]

I got a MIP just being at a club not evening drinking. Whats the best advice that you can give me. I am a collge student and its all around us. Should i not go out? Its my first offense ever. All around me there was college kids drinking and the TABC give me a ticket. The one that wasnt drinking. I know MIP doesnt mean that i was drinking but know i am going to have a record. What happens at court. and can i go to court before the time on the ticket?

Were you under 21 and in a bar where you had to be 21 to even be inside? if so, then perhaps that is why you got hit.

Possession is a crime of dominion and control, not a crime of ownership or even consumption. If there was alcohol at a table you were sated at, then in theory, you were in possession.

What section were you charged under? The test of that code section should articulate the elements of the offense that have to be met in order to secure a conviction. if the code section requires only that you be in a bar and not be 21, then you're toast. If it says that you have to have a beer in the hand, then you might be okay if you never had one.

It's not what the text says on the citation, it is what the code section is that you are ultimately charged with that matters.

- Carl