Alcohol & Drugs: MIP, MIC, Intoxication Texas Hays County- MIP 16 YO - not drinking, cops let drive home - how to plea?

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TexanWithAQuery

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My 16 year old son received a MIP citation last month after bringing a friend to another person's house in Hays County. He walked into the garage where there were a bunch of teenagers there and alcohol present. He did not imbibe and was there less than 5 minutes when cops arrived. They told everyone to stand against a wall and asked who had been drinking. None admitted to it so the cops interviewed each one. The cop who spoke to him agreed that he was sober, did not call us, his parents, and let him drive home. The cop first told my son that he might not get a citation, but asked him to wait. When after some time my son asked if he was good to go, the cop said that since no one admitted to the alcohol, everyone was getting a citation. My son asked if he could take a breathalyzer and the cop told him that was not necessary. Before he left, the cop even asked him if he would give another kid, who had been drinking, a ride home! My son said no.

We were told by the court he could plea guilty, not guilty or nolo. I have done a little research and understand this is a Class C misdemeanor. I also understand that basically the way Texas law works is that by simply being in the room where he could have imbibed, my son could be convicted of MIP.

He is a junior in HS and plans on applying to a competitive college next year and also is strongly considering medicine as a career. He is an A student, Varsity football player and never was in trouble before. My gut tells me to get a lawyer and plead not guilty. My husband thinks that pleading nolo would be less money and hassle. My concern is will he have a record that will show up in college and financial aid applications, and later on if he applies to medical school. I also know that records for people working in health fields and government can reach back to look at everything. I know that if he doesn't get in any more trouble, he could petition to have his juvenile record sealed in two years.

If anyone has experience and advice to offer in this area, I would be grateful. We have to decide what to do in the next couple days.
 
Well technically he is guilty, since he was in a place where alcohol was present. But a lawyer initially told us that if he pleaded not guilty, the judge would in most likelihood work out a deal for fine/community service resulting in deferred disposition. But then again, the judge could be in a bad mood that day and throw the book at him. I would think that having been deemed sober by the PO present, having no priors and being an A student and upstanding citizen, he would be more likely than some to get the deferred disposition deal. But I wanted to hear from those who might be more in the know than me.
 
As a parent I woul dnot wan tmy child copping a plea to somethng he did not do but that is just me. By the way the Judge does not have to acept any plea deal your son works out with DA. So your bad mood could still come into play.
 
As a parent, I don't want my son to have a record that would affect his chances of getting into the college he wants to get into. Under Texas law, he was a minor in a room where alcohol was present, which is why he was charged with MIP. The charge isn't about drinking or even having a drink in his hand.
 
And our county has a large college population in the adjoining town, so deferred dispositions are big money makers for the county and the firms that run the alcohol awareness programs.
 
TexanWithAQuery said:
My 16 year old son received a MIP citation last month after bringing a friend to another person's house in Hays County. He walked into the garage where there were a bunch of teenagers there and alcohol present. He did not imbibe and was there less than 5 minutes when cops arrived. They told everyone to stand against a wall and asked who had been drinking. None admitted to it so the cops interviewed each one. The cop who spoke to him agreed that he was sober, did not call us, his parents, and let him drive home. The cop first told my son that he might not get a citation, but asked him to wait. When after some time my son asked if he was good to go, the cop said that since no one admitted to the alcohol, everyone was getting a citation. My son asked if he could take a breathalyzer and the cop told him that was not necessary. Before he left, the cop even asked him if he would give another kid, who had been drinking, a ride home! My son said no.

We were told by the court he could plea guilty, not guilty or nolo. I have done a little research and understand this is a Class C misdemeanor. I also understand that basically the way Texas law works is that by simply being in the room where he could have imbibed, my son could be convicted of MIP.

He is a junior in HS and plans on applying to a competitive college next year and also is strongly considering medicine as a career. He is an A student, Varsity football player and never was in trouble before. My gut tells me to get a lawyer and plead not guilty. My husband thinks that pleading nolo would be less money and hassle. My concern is will he have a record that will show up in college and financial aid applications, and later on if he applies to medical school. I also know that records for people working in health fields and government can reach back to look at everything. I know that if he doesn't get in any more trouble, he could petition to have his juvenile record sealed in two years.

If anyone has experience and advice to offer in this area, I would be grateful. We have to decide what to do in the next couple days.
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Your son is a minor.
But, he's also a juvenile.
This isn't a misdemeanor as far as juvenile law is concerned.
Juveniles don't commit crimes, they are said to be delinquent.
Bottom line, have the lad appear with you and his mom before the juvenile court.
If he's being charged in county court, not sitting as juvenile court (or municipal court), then this is a big problem for the officer.
I suggest you speak with a local attorney, maybe even two or three.
The initial consultation is often provided free of charge.
Whatever you do, don't let him enter a guilty plea.
Why?
Because he is a juvenile.
Juveniles can't be convicted.
They are adjudicated.
That makes a very big difference.
Plus, if he's convicted or pleads guilty, he'll lose his driving privilege.
That is what you don't know if you act hastily.
Juvenile or adult, learn your rights before you do anything.

A charge of Minor in Possession (MIP) means that a person, under the age of 21 years, was cited for illegally being in possession, ownership, or control of an alcoholic beverage.

The main element of this charge, which must be proven beyond a reasonable doubt, is that the minor WAS in possession, ownership, or control of an alcoholic beverage.

I don't think this can be proven, and pleading to this charge would be a very big mistake.

Plus, a conviction (or a plea) pursuant to this violation will lead to a Drivers License Suspension and/or Revocation (Under 21)
Convictions or failure to comply with the following offenses will result in the automatic suspension of the
driving privilege of individuals who are under 21 years of age (See Administrative License Revocation (ALR)
section for more suspension information regarding minors.)
Alcoholic Beverage Code Offenses
1. Minor in possession
2. Attempt to purchase alcohol by a minor
3. Purchase of or consumption of alcohol by a minor
4. Consumption of alcohol by a minor
5. Misrepresentation of age by a minor
6. Driving or operating a watercraft under the influence of alcohol by a minor
7. Failure to complete an alcohol awareness class

http://www.txdps.state.tx.us/driverlicense/documents/dl-7.pdf
 
TexanWithAQuery said:
Well technically he is guilty, since he was in a place where alcohol was present. But a lawyer initially told us that if he pleaded not guilty, the judge would in most likelihood work out a deal for fine/community service resulting in deferred disposition. But then again, the judge could be in a bad mood that day and throw the book at him. I would think that having been deemed sober by the PO present, having no priors and being an A student and upstanding citizen, he would be more likely than some to get the deferred disposition deal. But I wanted to hear from those who might be more in the know than me.
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There is much more to this than just disposing of the charge.
He will lose his driving privilege.
That will affect his insurance rates (and yours).
Just being in the room, without knowledge, is not a crime.
He doesn't need to explain.
The state must prove what they allege.
 
Thank you for your advice - you have raised some great points here about his juvenile status. His citation requires him to appear in municipal court, not juvenile court. I will consult a lawyer and find out about this.
 
army judge said:
Your son is a minor.
But, he's also a juvenile.
This isn't a misdemeanor as far as juvenile law is concerned.
Juveniles don't commit crimes, they are said to be delinquent.
Bottom line, have the lad appear with you and his mom before the juvenile court.
If he's being charged in county court, not sitting as juvenile court (or municipal court), then this is a big problem for the officer.
Click to expand...

Just curious as to why and how this is a big problem for the officer, as you state. Should he have called me (I am his mom) or his dad?
 
Oh, and I have found that in the Town he was charged in, Kyle, the following applies:

Juvenile Violations

The municipal court has jurisdiction over juveniles (16 years or younger) charged with Class C misdemeanor offenses except public intoxication. All juveniles are required to appear in open court for all proceedings in their cases. The parent or legal guardian of any juvenile charged in municipal court is REQUIRED to be present in the court with his or her child. Juveniles who fail to appear in court may have an additional charge of failure to appear filed against them. Juveniles who fail to appear or who fail to pay their fine will be reported to the Texas Department of Public Safety who will suspend their driver's license. If they do not have a driver's license, they will not be able to obtain one until they appear in court.
Click to expand...
 
TexanWithAQuery said:
Oh, and I have found that in the Town he was charged in, Kyle, the following applies:
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You need to hire your child a lawyer.
The lawyer will instruct you further.
Don't try to do this alone.
Don't be cheap.
You can address this with your child, after it has been resolved.
All I can say here is that once the officer learned your son was a juvenile, he was obligated to contact you.
Your best bet, hire a lawyer, do NOT try to fix this alone.
The less you say about this in public is better for your child.
Good luck.


Sent from my iPad3 using Tapatalk HD
 
Thank you - this was my concern all along. Definitely hiring a lawyer.
 
Thank you, your response confirms my own gut instincts. Am definitely hiring a lawyer today. I appreciate your suggestions and insight.
 
TexanWithAQuery said:
Thank you, your response confirms my own gut instincts. Am definitely hiring a lawyer today. I appreciate your suggestions and insight.
Click to expand...


Good for you and your kid.

Let us know how this progresses.

I think I know, but want to hear it from you.

Merry Christmas.
 
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