Dallas MIP Lawyer

Possession of alcohol by a minor, also known as an MIP, is a class C misdemeanor. It involves a minor who, in this case, is an individual under the age of 21 being given a ticket or citation by either a police officer or by a Texas Alcoholic Beverage Commission (TABC) officer.

This citation means that an individual was illegally in possession, ownership, or control of an alcoholic beverage. The principal piece of this crime is that the prosecutor must prove, beyond a reasonable doubt, that the possession, ownership, or control of an alcohol beverage did actually lie with the minor.

Individuals that are still minors run the risk of an MIP when they attend any party, go to a nightclub, or when they are in a vehicle where alcohol is present. A minor may be around alcohol which belongs to another person but the minor may not touch any alcohol, hold any alcohol in his or her hand, attempt to purchase it, transport it, consume it, or have any contact with it.

Constructive possession may also be construed in some situations. Constructive possession is when an individual does not have actual possession but does have the ability to control the object. This situation may exist when an individual is at a table where people are sharing a pitcher of beer and there are cups scattered across the table. It also exists when a person picks up beer cans and cups; holds a friend’s beer or beverage while the friend puts on a jacket or coat; or uses a beer can as a spittoon.

An MIP is a Class C misdemeanor. It carries with it a possible fine of anywhere between $250 and $2,000. In place of a fine, a person may be told to serve up to 180 days in jail. Community service is also part of the punishment. A person facing their first offense must serve between 8 and 12 hours of community service. If it is a subsequent conviction, an individual faces between 20 and 40 hours of community service. Suspension of a driver’s license is also possible. The suspension period can range anywhere from 30 to 180 days, depending on how many previous similar offenses an individual has.

If you have been ticketed with an MIP, contact Dallas MIP lawyer Mark Lassiter. He can help you with all aspects of your case, including expunction.

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