Alcohol & Drugs: MIP, MIC, Intoxication Mip

[rippyvan]

I am a 18-year-old male residing in Texas; and I was sitting in the front seat passenger side of a friend's brother's vehicle back in July of 2001. His brother (an adult) was sitting on the driver's side with an open can of beer sitting in his cup holder console to the left of me.
My male friend and another male (both minors) were sitting in the back seat with two more open cans of beer. A minor female
was also sitting in the back seat - a total of five (5) persons and a total of three (3) open cans of beer inside the vehicle.
I did not sip or drink any beer....I was just in the "wrong place at the wrong time."

But when the deputy sheriff appeared, I along with the other two minor males were cited for a "MIP" even though the adult driver stated to the deputy that the beer was his...and that I had not been drinking. The other two beers were found in the back seat
floor by the other two males' feet. The minor female was not issued any citation. No breath-analyser was performed or even
suggested and/or requested. This was the first time something like this had ever happened to me and I was in a state of shock.
Needless to say, on looking back...I learned a valuable lesson from all of this.

I pled "not guilty" at the hearing and requested a trial date. The judge informed me that the law states that everyone (minors) in the vehicle is cited for MIP when an open container is involved. But if that is the case, why didn't the female receive a citation? The judge responded that the female minor should have been cited a MIP, also.
I will be contacting an attorney very shortly for legal advice, but in the meantime, do you think I have a case?

 

[Michael Wechsler]

What statute were your charged with violating? It's difficult to discuss without citing the statute since there are different statutes. The person in the best position to tell you about your chances is your attorney, although even your attorney may not want to give you any guarantee and just educate you on what his/her experience has been.

 

[rippyvan]

How do I found out which statute I was charged with? It is not stated on my "citation" or "summons to appear"....they only state "minor in possession of alcohol".

 

[Michael Wechsler]

You can find the statute information here:

http://www.capitol.state.tx.us/statutes/al/al010600toc.html

I have also heard that, usually with first time offenders, that you might be placed into a probationary period by the judge and if you complete the probationary period the complaint will be dismissed. In many other cases I have heard about some community service with a probationary period, e.g. 6 months.

Your attorney will know more.

 

[Michael Wechsler]

The statute appears below:

§ 106.05. Possession of Alcohol by a Minor


(a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.


(b) A minor may possess an alcoholic beverage:


(1) while in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code;


(2) if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court; or


(3) if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.


(c) An offense under this section is punishable as provided by Section 106.071.