Minor In Possession by Consumption - MO

[beersucks]

I live in Missouri and committed a crime last night.

I am 17 years old, no criminal record (not even a traffic violation), an active member of my small hometown, good student, volunteer with several local organizations, have a job, etc.

Here is the truthful story which I am hoping will get this off of my record and still allow me to go to college and medical school and not be kicked out of my FFA office.

I was with three of my friends (all 17), the driver decided we were going to a party in town at someones house who I didn't know. We arrived at the party, knew no one there, were not having that great of a time. My friend left with someone over 21 to buy alcohol. My other two friends and I wanted to go with her but she said there was no room in the car so we stayed. We stayed upstairs in the kitchen; two of us had one beer each and the other had none. We were extrememly bored so we went outside to wait for our ride and were sitting on the porch. Three cops walk up to us and ask if Ryder is there. We said we didn't know who he was but agreed to go inside and get him.

The officers followed us inside and had everyone in the house come outside and sit on the lawn. They asked the people who hadn't been drinking to raise our hands; I of course did not raise my hand. Then they had all of us sit in a line on the grass and come up one by one and do a field brethalyzer. My friend and I who had had one beer failed the test, one girl from the party refused, and two boys failed their brethalyzers as well. They secluded us on one side of the lawn and let those who passed the field brethalyzers go.

The officers then proceeded to arrest us. They did not read us our rights. My friend and I were terrified, crying and sobbing uncontrollably and basically just freaking out. They took us to the police station, read us our rights and then had us sign a piece of paper. Then they gave us each a brethalyzer at the station. Mine read .019 and my friends read .013. They took our fingerprints and pictures, etc. They wrote us each a ticket for Minor in Possession by Consumption and I called my mom and she came and picked me up. On my ticket it does not say what my breathalyzer reading was but my friends is written on her ticket.

It was a mortifying experience, taught me a lesson and I will never touch a drop of alcohol again as long as I live. I could take it or leave it in the first place but now I most definitely will leave it.

My mom and grandfather are contacting an attorney today. I just do not want to plead guilty even though I did drink 3/4 of one beer.

After doing A LOT of research all morning on the accuracy (or lack thereof) of brethalyzers as well as researching actual Missouri laws, I found this :

Section 325.111.1. Expands MIP Possession to Include Possession by Consumption.

Any person under the age of twenty-one years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in section 311.020 or who is visibly intoxicated as defined in section 577.001, RSMo, or has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person's blood is guilty of a misdemeanor.




I would appriciate any advice or comments whatsoever. We are at a loss as to what to do. I am afraid the attorney will advise me to plead guilty :S

Thank you for taking the time to read my long winded account!

[BigMistakeFl]

Your friend had way more than 1 beer, and you had even more than your friend. Many many more than one beer, to have achieved those high BAC readings.

Getting with an attorney is the correct thing for you to do. It's very doubtful that he or she will advise you to plead "guilty".

[xylene]

Originally Posted by BigMistakeFl

Your friend had way more than 1 beer, and you had even more than your friend. Many many more than one beer, to have achieved those high BAC readings.

.013 is consistent with one beer

Getting with an attorney is the correct thing for you to do. It's very doubtful that he or she will advise you to plead "guilty".

This is correct. The law also provides a good basis for a defense.

[BigMistakeFl]

.013 is consistent with one beer

I completely misread and took it for 0.13 and 0.19 respectively. I stand corrected, and here I call myself an accountant. (Decimal slides are big no-no's for accountants).

At any rate, as a minor, she needs to seek the advice of an attorney, who will not likely advise a guilty plea. Minors drinking alcohol is a hot topic today, being taken far more seriously than even a few years ago.

[beersucks]

I know, when I read that I was thinking...I swear I'm not lying! lol

My mom is calling an attorney. My friends parents already called a local lawyer who is getting hers postponed for 30 days because of tennis and homecoming. She told him what she breathed and he didn't say anything about it being under the legal limit so I don't know if that law is just irrelevant or what.