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Minor In Possession by Consumption - MO

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beersucks

Junior Member
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!
 
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seniorjudge

Senior Member
Condensed version:

Q: I'm under 21 and got caught drinking. What should I do?

A: Hire a lawyer. You've admitted you're guilty; maybe the lawyer can get you off some way. Hire a lawyer with an office across the street from the courthouse.
 

beersucks

Junior Member
Haha

That is funny, about the lawyer across the street. My town as three!

Thank you for your advice. I plan on doing so; But I'm afraid small town politics and word of mouth will get me more riled up than whatever punishment the court will give me.
Any advice on that issue?

Since I have no record everyone keeps saying it should be easy to get out of. Even an officer said (and I quote) "It's nothing to worry about, everyone gets an MIP" in an effort to get me to calm down and end the bawling hysteria. I said, "Yeah! But I'm not everyone!"
 

seniorjudge

Senior Member
That is funny, about the lawyer across the street. My town as three!
There ya go. What county?


Thank you for your advice. I plan on doing so; But I'm afraid small town politics and word of mouth will get me more riled up than whatever punishment the court will give me.
Any advice on that issue?
I don't know how to manipulate small town gossips.


Since I have no record everyone keeps saying it should be easy to get out of. Even an officer said (and I quote) "It's nothing to worry about, everyone gets an MIP" in an effort to get me to calm down and end the bawling hysteria. I said, "Yeah! But I'm not everyone!"
It's not exactly a major crime.
 

beersucks

Junior Member
Livingston County

And I know it doesn't seem like a major crime probably to people who work in the system and have seen a lot. But it feels major to me. I just don't want to be a criminal so the major issue is it is really embarrassing and mortifying for me.

Thank you so much for your free advice, I feel a little bit better about the situation.
 

seniorjudge

Senior Member
And I know it doesn't seem like a major crime probably to people who work in the system and have seen a lot. But it feels major to me. I just don't want to be a criminal so the major issue is it is really embarrassing and mortifying for me.


There are two ways to avoid being a criminal:

1. Don't break the law

OR

B. Don't get caught.

:)
 

Ohiogal

Queen Bee
There are two ways to avoid being a criminal:

1. Don't break the law

OR

B. Don't get caught.

:)
And definitely don't get caught on live television nationwide like some Ohio minors did on Saturday night when Busted came to a city in Ohio and followed the police around.
 

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