Re: MIP in South Carolina
It's a criminal offense, which in most states means a court appearance is mandatory. (Some states do have exceptions for certain misdemeanors, and that may be the point of confusion between the officers.) The fine listed in a statute is not the end of the story. It's not at all unusual for there to be court assessments on top of the fine.
If you want to pay the fine and wait out the suspension, plead guilty. If you wish to try to avoid the suspension, I suggest consulting with a local criminal defense lawyer to try to get a feel for whether you have any chance of getting a deal which would allow you to avoid the suspension. The statute does not require that you be intoxicated, or even that you have consumed any of the alcohol you possess.
Quote:
Quoting South Carolina Code of Laws, § 20-7-8920. Purchase or possession of beer, ale, wine, malt or other fermented beverages.
(A) It is unlawful for a person under the age of twenty-one to purchase or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars.
(B) Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(C) This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(D) 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 beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage 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 beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum.