Daughter mip

[Amandaw78]

What is the name of your state (only U.S. law)? Montana
My 16 year old daughter had a beer w me at Christmas dinner
She then went out w her friends an hour and a half later her friends called her and needed a sober ride home from the bar her friend and her drove to pick them up a fight broke out w a girl and a guy outsider
The bar my daugher called the police they promised she would not be in trouble and they would take her home then they took her to the police station and gave her a mip they did no alcohol tests and the only thing she had to drink is what I gave her what should we do in Montana it is not illegal for me to give her alcohol 16-6-305

 

[mistoffolees]

What is the name of your state (only U.S. law)? Montana
My 16 year old daughter had a beer w me at Christmas dinner
She then went out w her friends an hour and a half later her friends called her and needed a sober ride home from the bar her friend and her drove to pick them up a fight broke out w a girl and a guy outsider
The bar my daugher called the police they promised she would not be in trouble and they would take her home then they took her to the police station and gave her a mip they did no alcohol tests and the only thing she had to drink is what I gave her what should we do in Montana it is not illegal for me to give her alcohol 16-6-305

You should probably call an attorney.

Are you SURE that your daughter didn't have anything else to drink? The beer she had for Christmas dinner would have been out of her system an hour and a half later.

Also, what was the exact charge she was charged under? It is possible that simply being in the bar at age 16 was sufficient to get a charge.

 

[Mass_Shyster]

The MIP statute for Montana seems to be http://data.opi.mt.gov/bills/mca/45/5/45-5-624.htm

45-5-624. Unlawful attempt to purchase or possession of intoxicating substance -- interference with sentence or court order. (1) A person under 21 years of age commits the offense of possession of an intoxicating substance if the person knowingly consumes or has in the person's possession an intoxicating substance. A person may not be arrested for or charged with the offense solely because the person was at a place where other persons were possessing or consuming alcoholic beverages. A person does not commit the offense if the person consumes or gains possession of an alcoholic beverage because it was lawfully supplied to the person under 16-6-305 or when in the course of employment it is necessary to possess alcoholic beverages.

Since your daughter gained possession because it was lawfully supplied, she has an affirmative defense to the charges. This would be similar to claiming self defense in an assault and battery charge. You have to convince the judge that the defense is true. It may look to the judge like the parent is simply trying to help the daughter escape prosecution.

You should consult a lawyer.

 

[Ohiogal]

The problem with that defense is that she did NOT remain with mom AND she was at a bar underage -- and she was NOT at the bar for lawful reasons.

 

[davew128]

AND she was at a bar underage -- and she was NOT at the bar for lawful reasons.

Wasn't she there for lawful reasons? Do you really think the bartender was serving her or someone else giving her beer? Maybe things are a little lax on this in Montana but every adult establishment I've ever been in is pretty strict on the matter.

 

[Mass_Shyster]

The problem with that defense is that she did NOT remain with mom AND she was at a bar underage -- and she was NOT at the bar for lawful reasons.

Maybe it was a sushi bar.

The way OP tells the story, daughter went to the bar to provide transportation. Nowhere does OP admit that daughter ever entered the bar.

The statute does not require that child remain with mom.

So, the way the story was told, I stand by my opinion that daughter has an affirmative defense. Whether the story told to mom by daughter falls apart when the police report comes out is another thing entirely.

 

[mistoffolees]

Maybe it was a sushi bar.

The way OP tells the story, daughter went to the bar to provide transportation. Nowhere does OP admit that daughter ever entered the bar.

The statute does not require that child remain with mom.

So, the way the story was told, I stand by my opinion that daughter has an affirmative defense. Whether the story told to mom by daughter falls apart when the police report comes out is another thing entirely.

Yes, if the child never went into the bar, the fact that her parent gave her the drink might be a reasonable defense. Although she shouldn't have been driving.

 

[Mass_Shyster]

Although she shouldn't have been driving.

OP claims 'her friend' provided the ride. I also doubt she would have been impaired several hours after consuming a single beer (as the story was told).

 

[mistoffolees]

OP claims 'her friend' provided the ride.

That's not what it says. It says "her friend and her drove to pick them up". It doesn't say who was driving.

I also doubt she would have been impaired several hours after consuming a single beer (as the story was told).

A 16 year old (who presumably doesn't have much experience drinking) and an hour an a half? Could be enough to be impaired (my daughter certainly would have been - she weighed about 90 pounds and did not process alcohol well). Besides:
1. The arrest was for MIP, not drunk driving.
2. My advice was simply that she shouldn't have been driving - and I still think it's good advice. For a teenager, they shouldn't be driving AT ALL if they've had anything to drink. If you start down the path of "it's OK as long as you're not legally over the limit", you're setting yourself up for problems later.