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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default MIP in Pennsylvania

    My question involves criminal law for the state of: Pennsylvania
    Hi well I had a friend that was throwing a get together with a couple of friends in her University owned apartment in PA. I was good friends with her and she wanted me to come to meet her new boyfriend. She told me that alcohol was going to be there, and she asked me if I wanted to drink over the phone. I declined and told her that I wouldn't since I am a Muslim and it is against my religion to drink alcohol. So I went down to her apartment and said hi and within 7 ft of me there were 2-3 empty beer cans on the floor. And there was 10 additional people in the room. So I was offered again, but I declined again. So I sat and watched people play a game with a beer can and I never got to know the boyfriend. So within 7 minutes, the Resident assistants come in and ask for all our names. Everyone told them that I didn't drink or touch a bottle, but they said that university policy said you cant be in the presence of alcohol. So I gave them my name and left the apartment frantic in mood. within a half of an hour, the police officer came, while I wasn't present, and got our names. I then received a letter at home that I was charged with MIP? It would be a 250 dollar fine, but I don't want to pay it. I signed a not guilty plea received a court date. I dont know what to do, I did not have any physical control of an alcoholic beverage, and I can get statements from people stating that I didn't. Also the university has not done anything to us students for the past 2 months and it was on their property. Please give me advice on how to fight this,

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: MIP in Pennsylvania

    The theory would be that, as alcohol was present and being openly available and consumed by anybody present, you had constructive possession of the alcohol. You don't have to consume alcohol to be in possession of alcohol.

    Are you charged under the following statute? If so, you may want to explore if you qualify for a preadjudication disposition.
    Quote Quoting 18 Pa.C.S.A. § 6308. Purchase, consumption, possession or transportation of liquor or malt or brewed beverages
    (a) Offense defined. -- A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions). For the purposes of this section, it shall not be a defense that the liquor or malt or brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.

    (b) Penalty. -- In addition to the penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges), a person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the second and each subsequent violation.

    (c) Preadjudication disposition. --
    (1) When a person is charged with violating subsection (a), the magisterial district judge may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. § 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).

    (2) The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.
    (d) Notification. -- The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.

    (e) Exception for compliance checks. --
    (1) An individual who is under 21 years of age may purchase, attempt to purchase, possess or transport liquor or malt or brewed beverages if all of the following apply:
    (i) The individual is at least 18 years of age.

    (ii) The individual is an officer, employee or intern of the Bureau of Liquor Control Enforcement of the Pennsylvania State Police.

    (iii) The individual has completed training specified by the bureau.

    (iv) The individual is acting within the scope of prescribed duties.

    (v) The individual is acting under the direct control or supervision of a bureau officer who is an adult.
    (2) Under no circumstances may individuals under 21 years of age consume liquor or malt or brewed beverages.

    (3) The Pennsylvania State Police shall promulgate regulations prescribing the manner in which compliance checks are to be performed. Compliance checks under this subsection shall be conducted in a manner consistent with the regulations. Regulations shall require, at a minimum, all of the following:
    (i) Prior to participation in the compliance check, the officer, employee or intern shall undergo training approved by the Bureau of Liquor Control Enforcement.

    (ii) A person licensed to sell liquor or malt or brewed beverages that is found to be in compliance with this section during a compliance check shall be notified in writing of the compliance check and the determination of compliance.

    (iii) A person licensed to sell liquor or malt or brewed beverages that is found to be noncompliant with this section during a compliance check shall be immediately verbally advised by the supervising bureau officer and shall be notified in writing of the failure to comply within ten working days of the date of the compliance check.

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