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Counselor, Lawyer
Category: Criminal Law
Satisfied Customers: 631
Experience:  Former deputy prosecuting attorney
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Our 20 year old daughter was given a MIP ticket at a Florida

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Our 20 year old daughter was given a MIP ticket at a Florida football game after accepting a Bud Light and placing it on the ground beside her chair unopened. The ticket stated she was a minor in possession yet it failed to state that the beer was unopened. She asked the officer to give her a breathalizer test because she had not consumed any alcohol, but they stated it wasn't necessary. We would appreciate any advice or tips you might have because she must appear in court tomorrow. She is an honor student and has never been in any kind of trouble before.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Counselor replied 8 years ago.

Unfortunately, your daughter doesn't have much of a defense. Minor in Possession and Minor Consumption are two different offenses. Since your daughter was charged with the former, it doesn't matter that she had not opened the beer, or consumed no alcohol.


Generally, though, MIP is not usually considered a big deal, especially in college towns. Odds are pretty good that your daughter will be eligible for some sort of pre-trial diversion program or, at worst, a suspended sentence with probation and coummunity service, plus a fine and costs.


Of course, there are always variations in state or local laws, as well as variations in what, for lack of a better word, I'll call "local custom" that may have an effect on your daughter's situation.


For that reason, I would recommend that you contact your local bar association’s lawyer referral service (they all have them) to locate a lawyer who practices criminal law in your state.

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