Richardson MIP lawyer

When a minor has possession, ownership, or control of an alcohol beverage, he or she can be charged with possession of alcohol by a minor. The prosecutor must be able to prove that the possession, ownership, or control of an alcoholic beverage was with the minor. An MIP is a Class C Misdemeanor. The crime involves a minor being given ticket or citation by either a police officer or an officer of the Texas Alcoholic Beverage Commission (TABC).

Any minor that attends a party, goes to a nightclub, or rides in a vehicle where alcohol is present runs the risk of an MIP. Minors can be around alcohol that belongs to others, but the minor can ‘t touch, hold, attempt to purchase, transport, consumer, or have any contact with the alcohol.

Constructive Possession

Constructive possession may also be inferred sometimes. Constructive possession is when an individual doesn’t actually have possession but has the ability to control the alcohol. This is possible when at a table where there is a pitcher of beer and a variety of glasses. It is also possible when a person picks up beer cans or cups, holds a friend ‘s beer or beverage, or uses a beer can as a spittoon.

Richardson MIP Penalties

As a Class C Misdemeanor, an MIP has a fine of between $250 and $2,000. Instead of a fine, the minor can serve up to 6 months in jail. A person with their first MIP conviction must serve between 8 and 12 hours of community service. Subsequent convictions yield a minimum of 20 and a maximum of 40 hours of community service. It is also possible for the minor to have their driver ‘s license suspended. This can last from one month to six months, depending on previous or similar convictions.

If you have been given a ticket for minor in possession of alcohol, contact Richardson MIP lawyer Mark T. Lassiter at (214) 845-7007.

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