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  1. #1
    Join Date
    Feb 2005
    Posts
    3

    Default MIP in South Carolina

    I am 18 years old and received a minor in possession of alcohol ticket the other day. What am i facing in court as far as punishments, and will they give me full punishments if the only other thing on my record is one speeding ticket. Also, is there any way i can get this reduced to something else so it doesnt go on my record?

  2. #2
    Join Date
    Sep 2004
    Posts
    759

    Default MIP

    What state is involved?

  3. #3
    Join Date
    Feb 2005
    Posts
    3

    Default

    south carolina

  4. #4
    Join Date
    Feb 2005
    Posts
    3

    Default

    oh and another thing. there were 3 other people in there with me. the cop asked one guy if he had been drinking . he said that no he hadnt and the cop just let him go, but there was a cup right next to him and he didnt have to take some sort of sobriety test or a breathalyzer. could i use that in court even though i said i had been drinking and that i had a bottle of liquor?

  5. #5
    Join Date
    Sep 2004
    Posts
    759

    Default MIP in South Carolina

    The statute indicates that the penalty for a first time violation is up to 30 days in jail, a fine of $100 - $200, and a driver's license suspension of 90 days.
    Quote Quoting S.C. Code, §§ 20-7-8925
    (A) It is unlawful for a person under the age of twenty-one to purchase or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors.

    (B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days.

    (C) The provisions of this section do not apply to a student who:

    (1) is eighteen years of age or older;

    (2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;

    (3) is required to taste, but not consume or imbibe, any alcoholic liquor as part of the required curriculum; and

    (4) tastes the liquor pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

    The liquor must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any alcoholic liquor unless the liquor is delivered as part of the student's required curriculum, and the liquor is used only for instructional purposes during classes conducted pursuant to the curriculum.
    Quote Quoting S.C. Code, §§ 56-1-746
    (A) The department shall suspend the driver's license of any person convicted of the offenses contained in Sections 56-1-510(2), 56-1-510(5), 56-1-515, 61-4-60, 61-4-80, 61-4-90, 61-6-4070, 20-7-8920, and 20-7-8925 as follows:

    (1) for a conviction for a first offense, for a period of ninety days;

    (2) for a conviction for a second or subsequent offense, for a period of six months.
    Whether or not you will have the option to plead to a later charge will depend upon the circumstances of your case, and local prosecutorial and judicial policies. A local lawyer may be able to tell you whether you would be granted such an opportunity. People rarely get the maximum penalty for any given offense for a first violation, although it looks like the 90 day driver's license suspension is not discretionary (i.e., the judge can't give you a shorter suspension).

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