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  #1  
Old 08-20-2002, 11:24 PM
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Join Date: Jul 2001
Posts: 11

Please help w/ MIP


What is the name of your state? TX
Hi,
I'll try and keep this as short as possible. Me and two friends were at an apartment party. Me and my friend are 20 yrs old, and there was around 20 to 25 people sitting in lawn chairs and standing right outside the front door. No more than 20 min. passed when we arrived at the party when an officer began to approach us (us meaning the whole group of people). Immediately people began to put down their cups and hide them or what not, and some even walked right back into the apartment. At this point, me and the friends I had arrived with were talking with people and one of my friends was sitting down. The officer came right up to me and my friend and asked for some id. My friend didn't have his id and stated to the officer that he was 20 and knew his id number, i gave my id to the officer. He then asked for the person whos apt it was, and he came out and was given a warning, he is over 21 by the way. Then, the officer stated to everyone that he didnt want to ruin the party or be a jerk or anything, so he only took me and my friend to his patrol car and told us that he was going to give us MIP's. So he writes us up and thats it. I need a little advice on how me and my friend should fight this, we were not drinking and we had just arrived at the party. Also, there was no beer cans outside, the keg was in the back, and everyone was drinking from styrafoam cups. Second, there was cups everywhere once the officer approached cause everyone was in a panic and cups were dropping like flies. Third, no alcohol test was administered and the officer did not even look inside any of the cups. Sorry about the length, just wanted to get all the details in, thanks for any advice.
  #2  
Old 08-24-2002, 06:07 PM
CombatTN88
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Posts: n/a

But still


You are 20 years old which meant that you are underage. You were in presence of alcohol beverages. It doesn't matter if you drank or not. Same goes for people whom haven't inhaled pots, but still in trouble same as others whom inhaled.
  #3  
Old 08-24-2002, 08:29 PM
Member
 
Join Date: Jul 2002
Location: Northeastern Pennsylvania
Posts: 759
Minor in POSSESSION. You said the law is POSSESSION and not CONSUMPTION, right? Granted, it kind of sucks that you got pinched and the others didn't, but I can't comment since I don't know the officer's reasoning. You were still in possession, and therefore guilty. You are underage, you knew there was booze present.

Lastly, learn proper grammar. It's "My friend and I" not "me and my friend". You wouldn't say "Me arrived at a party", or "How me should fight this.", would you?
  #4  
Old 08-24-2002, 11:17 PM
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Join Date: Jul 2001
Posts: 11
I understand I was present when there was alcohol around, but there were people at the party who were of age and they have the right to drink, and I have the right to hang out with them even if they are drinking. If I'm eating dinner with a group of friends and one of them, who is 21, decides to order a drink and is drinking it in front of me, does that mean that I am a minor in possession? Sure, underage people were drinking, but why should I get punished for that because of a mistake made by an officer. I apologize about the grammar, I'm writing here for legal advice and I'm not as concerned about my grammar or spelling as I am about getting advice, and Bravo8, I'm sure you've made a some mistakes in your grammar or spelling somewhere within your 40 odd posts.
  #5  
Old 08-27-2002, 05:33 PM
budah02
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I live in Nebraska

I was tagged with Minor in Possesion about a month ago. I wasn't drinking and the beer was in a different room. All I was doing, was waiting for a ride to go home. I had no drinks. Two other people were MIPed but they had some to drink. I took a breathalyzer test and I wasn't given a number or anything, so I do believe the cop did know that I wasn't drinking but MIPed me anyways. Now does this sound like I may have a chance at court?
  #6  
Old 08-29-2002, 10:46 AM
CombatTN88
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Quote:
Originally posted by FBird
I understand I was present when there was alcohol around, but there were people at the party who were of age and they have the right to drink, and I have the right to hang out with them even if they are drinking. If I'm eating dinner with a group of friends and one of them, who is 21, decides to order a drink and is drinking it in front of me, does that mean that I am a minor in possession? Sure, underage people were drinking, but why should I get punished for that because of a mistake made by an officer. I apologize about the grammar, I'm writing here for legal advice and I'm not as concerned about my grammar or spelling as I am about getting advice, and Bravo8, I'm sure you've made a some mistakes in your grammar or spelling somewhere within your 40 odd posts.
The bar omitted minors from entering its site even if minors weren't there to drink, but to socialize. If you had entered a bar, you would be MIP. On the other side, apartment party is an excellent place for cops to BUST up. I know because from my old college days back in 1993.
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