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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Question Whether to Fight a MIP Charge

    My question involves criminal law for the state of: Minnesota

    So my mom called the cops on me today on something quite ridiculous and not alcohol related, but when the officer was in my room questioning me he saw and empty beer can on my nightstand and asked me about it. I said one of my friends left it here like a week ago and I just haven't cleaned my room yet, it's not mine, I have 21 year old friends and it was empty. He leaves for a little bit after clearing up why my mother had called them and then comes back in to give me an MIP ticket. When I said "But it was empty?" he just said "Oh, there were a couple drops left in it."

    Is this a charge I can just pay or do I have to go to court? And should I take it to court since it was an EMPTY can and the cop was just being a prick?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Whether to Fight a MIP Charge

    I would assume that you are charged under M.G.L. Chapter 138 Section 34C, which carries a fine and could result in a driver's license suspension. But you haven't specified the statute, so that's the best I can do for now.
    Quote Quoting MGLChapter 138: Section 34C. Minors; operation of motor vehicle containing alcoholic beverage; suspension of driver’s license
    Whoever, being under twenty-one years of age and not accompanied by a parent or legal guardian, knowingly possesses, transports or carries on his person, any alcohol or alcoholic beverages, shall be punished by a fine of not more than fifty dollars for the first offense and not more than one hundred and fifty dollars for a second or subsequent offense; provided, however, that this section shall not apply to a person between the ages of eighteen and twenty-one who knowingly possesses, transports or carries on his person, alcohol or alcoholic beverages in the course of his employment. A police officer may arrest without a warrant any person who violates this section. A conviction of a violation of this section shall be reported forthwith to the registrar of motor vehicles by the court, and said registrar shall thereupon suspend for a period of ninety days the license of such person to operate a motor vehicle.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Whether to Fight a MIP Charge

    On my ticket it says: Alcohol-Possession of alcohol under 21 years old(340A-503-3)

    Does that help you help me? Haha.

    I wasn't anywhere near a motor vehicle, ha, I was in my bedroom in my house (I live with my parents too, at least for the summer)

  4. #4
    Join Date
    Aug 2010
    Posts
    2

    Default Re: Whether to Fight a MIP Charge

    i am unsure about the laws in minnesota but in nebraska, it is legal for a minor under 21 to possess or consume alcohol in his/her permanent place of residence. Once again Im not sure about minnesota, but it worth looking into.

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