Re: MIP Questions Tennessee
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Quoting
RobertT
Questions:
1. Could I have said no to the policeman when he asked if he could come in?
Yes, but the officer would still investigate the complaint.
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2. What kind of punishment will I receive for consuming alcohol as a 17 year old?
What was the exact statute number you were charged with?
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3. Can people receive an MIP for just being there and not consuming any alcohol or contributing alcohol to the party?
Yes.
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4. Can an 18 year old receive an MIP for being at a party and not consuming alcohol?
Yes.
Re: MIP Questions Tennessee
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Quoting
cyjeff
What was the exact statute number you were charged with?
I was charged with statute number 57-5-301
I thought people 18 years of age are legally allowed to be around alcohol... They can go in bars and clubs legally, so why couldn't they legally go into a house that had alcohol in it?
How could the police give a person just hanging out at the party an MIP if they couldn't prove that person was in possession of alcohol, and couldn't prove the person had been drinking? There was no way for the police to figure out who brought it, and they did not breathalyze anyone there...
It said in my summons that I knew there was alcohol in the house and admitted to consuming a "few beers." And that I am in violation of MIP Alcohol 57-5-301. (All this in the write up is true). What kind of punishment do you think I will be facing?
Re: MIP Questions Tennessee
Quote:
Quoting
RobertT
I was charged with statute number 57-5-301
I thought people 18 years of age are legally allowed to be around alcohol... They can go in bars and clubs legally, so why couldn't they legally go into a house that had alcohol in it?
Because you aren't a licensed bar. Because there was no one present old enough to drink. Because there wasn't a way to identify those that could from those that couldn't drink... say, through a wrist band.
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How could the police give a person just hanging out at the party an MIP if they couldn't prove that person was in possession of alcohol, and couldn't prove the person had been drinking? There was no way for the police to figure out who brought it, and they did not breathalyze anyone there...
All you have to be is in the general area of the alcohol.
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It said in my summons that I knew there was alcohol in the house and admitted to consuming a "few beers." And that I am in violation of MIP Alcohol 57-5-301. (All this in the write up is true). What kind of punishment do you think I will be facing?
In your case, it will be easy because YOU ADMITTED TO COMMITTING A CRIME. Probation, classes, fine, loss of license.
Re: MIP Questions Tennessee
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Quoting
cyjeff
All you have to be is in the general area of the alcohol. [to get an MIP]
I'm not saying you're wrong, but doesn't that seem a little broad? I mean, a child at a restaurant where a parent is drinking, a child at a family reunion where adults are drinking and anyone could pick up a beer, two college roommates (one 21 and one 20) who have beer in the fridge (beer which belongs to the 21 year old), etc., are all "in the general area of alcohol" and have the opportunity to exercise control over it, yet none of those would make good sense for an MIP. How exactly do Tennessee and other states define "possession"? (Not saying that the OP is innocent, because he's clearly not, but I am curious as I live in TN).
OP: Honesty is usually a virtue, but I cannot recommend admitting you committed a crime to the police. In fact, I would recommend not saying anything to the police regarding a crime they suspect you of without first talking to an attorney.
Re: MIP Questions Tennessee
Quote:
Quoting
earearear
OP: Honesty is usually a virtue, but I cannot recommend admitting you committed a crime to the police. In fact, I would recommend not saying anything to the police regarding a crime they suspect you of without first talking to an attorney.
Yes, I have always been taught that the truth is the best thing, and if you tell the truth, the punishment might not be as bad as it would have been had you lied...
The police asked me how many beers I had, and I didn't want to lie because I was sure the smell of alcohol was strong on my breath. I said "a few."
When the police asked me how much I had, how should I have responded? I don't have an attorney, I don't know how to get one, and I don't know how any of this stuff works as I am only 17 years old. I'm new to all of this...