Can This Really Happen??

[smashley]

What is the name of your state (only U.S. law)? Georgia

My older sister lives in the Atlanta area, and is planning on having a low country boil-type party. It will be outside, music, food and a keg. I was planning on attending the party with my mother, not drink, just go and see my sister and her friends.

My sister calls me yesterday and says I cannot come anymore. Why? Because their neighbors had a similar party, cops came, and issued ten MIPs. I said, "well, ok....I'm not going to be drinking though, and it's not my property nor is it my name that has signed for the keg, plus I will be there in the care of my mother."

Apparently, none of that matters and my simply being there means I could get an MIP. Is this really possible? It seems to me that under this train of thought, I could get an MIP for going to a restaurant where there is a bar - because I'd be in a place where alcohol exists.

Anyone know anything??

 

[GotSmart]

If the cops there are on a rampage, issuing MIP's, you should listen to your sister.

Tell her she owes you a BBQ.

 

[smashley]

I mean, I've already told her that it;s fine, I won't go - but that seriously seems like a perversion of the law, which is what I'm really interested about.

An MIP is Minor in Possession - I wouldn't be in possession of alcohol! So how could that happen?! Not to mention my older sister AND mother would be there to fully ensure I would not be consuming or possessing any alcohol. I'm just really confused.

 

[ElvinMelvin]

I mean, I've already told her that it;s fine, I won't go - but that seriously seems like a perversion of the law, which is what I'm really interested about.

An MIP is Minor in Possession - I wouldn't be in possession of alcohol! So how could that happen?! Not to mention my older sister AND mother would be there to fully ensure I would not be consuming or possessing any alcohol. I'm just really confused.

Just because the police issue a citation does not mean that you will be convicted. With that said, if the police went on a rampage and issued a ticket even if you weren't drinking you would still have to go to court to defend yourself, an exercise in which you might or might not be successful. Is the BBQ worth it?

The law in question is O.C.G.A. § 3-3-23. Apparently you would be OK if you were at your parent's house:

O.C.G.A. § 3-3-23 (2008)

§ 3-3-23. Furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages; use of false identification; proper identification; dispensing, serving, selling, or handling by persons under 21 years of age in the course of employment; seller's actions upon receiving false identification

(b) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption:

(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or

(2) At a religious ceremony.

(c) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the possession of alcoholic beverages for consumption by a person under 21 years of age when the parent or guardian of the person under 21 years of age gives the alcoholic beverage to the person and when possession is in the home of the parent or guardian and such parent or guardian is present.

 

[justsomeguy]

In Texas, You can get an MIP for smelling like alcohol. There is no blood alcohol test or breathalizer for MIP. You just have to smell like alcohol, cops discrescion. This poses serious problems for waiters who serve alcohol all night, but luckily unless cops want to be jerks about it, you don't hear of it happening.. .much..

Then there are the smartar$$es who like to talk back to cops... they might get one.

 

[GotSmart]

Then there are the smartar$$es who like to talk back to cops... they might get one.

Thus the reason that sis says to not show up.

 

[FlyingRon]

See, the answers aren't any different THIS time you asked than when you asked last week.

It's your sisters party.
Your sister is the host.
Your sister is the one buying the keg.
Your sister is going to get in trouble for any underage infractions.
Your sister is totally within her rights to not invite you or other minors for the stated or even completely different reasons.

Contrary to what the Beastie Boys told you, you have no right to party.