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  1. #1
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    Advice on MIP charge

    So a few weeks ago I went to my friend's birthday party at a rental house by the lake, I'm 18 years old by the way, we were partying, drinking, etc. I went to sleep about 4 AM. I woke up to a police officer around 8:30 AM telling me to get up and go into the living room. Someone had called the police with a complaint because a truck was parked in the middle of the county road. After that, the officers breathalyzed all the people that were sleeping at the house. I still had alcohol in my system at the time, and I blew a 0.06. They then gave me a citation for Minor In Possession of Alcohol. They took my driver's license away and gave me a temporary license. A few hours later they let me drive home from the house with my temporary license. I'm wondering if anyone would know how I could get this dismissed in court. The police came into the residence without a warrant, although they could see open containers in the residence upon the door being opened, and they let me drive after giving me the citation for Minor in possession. On the ticket it says the stop type was pedestrian ( with the two choices being pedestrian and vehicle) although I was inside of a house.


  2. #2
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    What state are you in. It matters


  3. #3
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    Quote Originally Posted by Luckyismydog View Post
    So a few weeks ago I went to my friend's birthday party at a rental house by the lake, I'm 18 years old by the way, we were partying, drinking, etc. I went to sleep about 4 AM. I woke up to a police officer around 8:30 AM telling me to get up and go into the living room. Someone had called the police with a complaint because a truck was parked in the middle of the county road. After that, the officers breathalyzed all the people that were sleeping at the house. I still had alcohol in my system at the time, and I blew a 0.06. They then gave me a citation for Minor In Possession of Alcohol. They took my driver's license away and gave me a temporary license. A few hours later they let me drive home from the house with my temporary license. I'm wondering if anyone would know how I could get this dismissed in court. The police came into the residence without a warrant, although they could see open containers in the residence upon the door being opened, and they let me drive after giving me the citation for Minor in possession. On the ticket it says the stop type was pedestrian ( with the two choices being pedestrian and vehicle) although I was inside of a house.
    Your chances of getting the MIP dismissed are greater if you have a lawyer, in whatever state you happen to reside. For more information, please provide the name of your state.


  4. #4
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    I live in Northern Arkansas.


  5. #5
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    Quote Originally Posted by PayrollHRGuy View Post
    What state are you in. It matters
    Northwest Arkansas


  6. #6
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    Quote Originally Posted by quincy View Post
    Your chances of getting the MIP dismissed are greater if you have a lawyer, in whatever state you happen to reside. For more information, please provide the name of your state.
    Northwest Arkansas


  7. #7
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    Quote Originally Posted by Luckyismydog View Post
    Northwest Arkansas
    3x you said that.


  8. #8
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    Quote Originally Posted by Luckyismydog View Post
    So a few weeks ago I went to my friend's birthday party at a rental house by the lake, I'm 18 years old by the way, we were partying, drinking, etc. I went to sleep about 4 AM. I woke up to a police officer around 8:30 AM telling me to get up and go into the living room. Someone had called the police with a complaint because a truck was parked in the middle of the county road. After that, the officers breathalyzed all the people that were sleeping at the house. I still had alcohol in my system at the time, and I blew a 0.06. They then gave me a citation for Minor In Possession of Alcohol. They took my driver's license away and gave me a temporary license. A few hours later they let me drive home from the house with my temporary license. I'm wondering if anyone would know how I could get this dismissed in court. The police came into the residence without a warrant, although they could see open containers in the residence upon the door being opened, and they let me drive after giving me the citation for Minor in possession. On the ticket it says the stop type was pedestrian ( with the two choices being pedestrian and vehicle) although I was inside of a house.
    So ... are you in Arkansas?

    A conviction on a minor in possession violation, first offense, subjects you to a fine of $100 to $500 and probation and/or the writing of an essay on alcohol abuse. Your driver's license can be suspended for 60 days.

    The law, Arkansas Code section 3-3-203: http://codes.findlaw.com/ar/title-3-...t-3-3-203.html

    There are enough questions about the police actions that you would be smart to see an attorney in your area for a review. It is possible that the charge can be dismissed.

    Good luck.


    Last edited by quincy; 12-07-2017 at 12:41 PM.
  9. #9
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    And if his link doesn't work for you as it didn't for me. https://law.justia.com/codes/arkansa...pter-2/3-3-203


  10. #10
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    My link works just fine for me (and it comes without all of the attorney ads).


    Last edited by quincy; 12-07-2017 at 10:55 PM.
  11. #11
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    Quote Originally Posted by quincy View Post
    My link works just fine for me (and it comes without all of the attorney ads).
    Works now for me as well. I got a 404 error before.

    Probably the same problem I was having with the "new posts".


  12. #12
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    Quote Originally Posted by PayrollHRGuy View Post
    Works now for me as well. I got a 404 error before.

    Probably the same problem I was having with the "new posts".
    Possibly. My links sometimes require tweaking so I am trying to get in the habit of checking them now. I was pretty sure this one worked.


    Last edited by quincy; 12-07-2017 at 10:57 PM.
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