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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111464
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have son that can possibly get an MIP. He has not rec'd

Customer Question

I have son that can possibly get an MIP. He has not rec'd the ticket yet but in school he has been punished be missing two events. long story short now the want to kick him out of national honor society. He is in the to p10 percent of of his class and has no history of disciplinary actions. Is this something I can fight.
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: kansas
JA: Has anything been filed or reported?
Customer: nothing yet. The police took names of kids but did not do breathazliers. It has been over a month ago. School has been acting without a ticket
JA: Anything else you want the lawyer to know before I connect you?
Customer: The police entered private property by climbing a fence and going thourhg basically a forest to get to the kids who were all staying the ninght at a private residence at there land. some were sleeping in tents when the cops showed up. they were asked at the time if they had drank. 10 said they had had a drink
Submitted: 30 days ago.
Category: Legal
Expert:  Law Educator, Esq. replied 30 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The police do not need to do any breath test if a minor is in possession of alcohol, the mere possession is a violation of the law. Punishment in school does not actually absolve the violator of violation of the statute, but the fact the police have yet to issue a citation means that you cannot do anything at this point.
If the police do issue a citation, you have a right to go to court and plead not guilty and then meet with the prosecutor to try to negotiate a resolution and dismissal of the charges if they are even ever filed. The charges are referred to the DA and the DA decides on whether or not to even charge him. If a juvenile meets the criteria for the MIP Program a letter is sent to the juvenile and his or her family explaining the program and what is expected. Generally, a juvenile must obtain a drug and alcohol evaluations to insure that there is not a larger substance abuse issue, and follow the recommendations, complete community service hours, and not violate the law for 4 months. The cost of the program is $300.00. If the minor completes this program no charges are filed and the case goes away and never goes on his record.
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