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  1. #1

    Default Minor in Possession Ticket for Holding a Glass of Ice

    My question involves juvenile law in the State of: Mississippi

    Not sure why this didn't post but I am a freshman student at the University of Mississippi. I was allowed in a 21 and up bar with my Under 21 ID that shows I am 18. Alcoholic beverage control came in the bar as I was holding just a cup of ice and asked for my ID. I told him I was let in with my 18 ID and he gave me a minor in possession ticket for holding a cup of "alcohol" yet the cup was just ice. Is there any way I can plead not guilty in court and win?

  2. #2
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    Default Re: Minor in Possession Ticket for Holding a Glass of Ice

    I suspect that the officer smelled your 'ice' and could smell the residual alcohol.

    If you kept your receipt, and it shows nothing but a soft drink, perhaps you can convince the prosecutor that you did not commit the offense.

  3. #3
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    Default Re: Minor in Possession Ticket for Holding a Glass of Ice

    And this is why you shouldn't be entering a 21+ bar if you're not of age.

    Life lessons. Sometimes their spelled out for you, other times you learn after-the-fact. This just happens to be both.

    Hopefully you kept that receipt.

  4. #4

    Default Re: Minor in Possession Ticket for Holding a Glass of Ice

    To add on I was not breathalyzed and not that it matters but everyone gets in this particular bar underaged
    Also I do not have a reciept and the officer was not an official police officer he was "alcoholic beverage control" who did not prove that there was any alcohol in the cup just started writing the ticket

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    Default Re: Minor in Possession Ticket for Holding a Glass of Ice

    You have the right to argue to the prosecutor and court that the cup contained nothing but ice. I still expect the officer to testify that your cup smelled of alcohol, which is ample to support a conviction for the charge against you.

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    Default Re: Minor in Possession Ticket for Holding a Glass of Ice

    Quote Quoting lucyogletree
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    I was not breathalyzed
    Doesn't matter.

    Quote Quoting lucyogletree
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    everyone gets in this particular bar underaged
    If everybody jumped off a 10 story building, would you?

    Quote Quoting lucyogletree
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    Also I do not have a reciept
    Sorry.

    Quote Quoting lucyogletree
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    the officer was not an official police officer he was "alcoholic beverage control"
    And you think that makes a difference? It doesn't.

    Quote Quoting lucyogletree
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    who did not prove that there was any alcohol in the cup just started writing the ticket
    He has no obligation to prove anything to you.

    If you want to plead not guilty you'll hear what he has to say when you get to court.

    By the way, you keep repeating that the cup had only ice in it but you haven't denied that it had an alcoholic beverage in it before it was just ice.

  7. #7

    Default Re: Minor in Possession Ticket for Holding a Glass of Ice

    Ok thank you. I am asking for help and advice from people who know the law not people to prove me guilty, but thank you. My question is that if it was simply a cup of ice with no smell due to no alcohol previously in the cup, can I use that in court? Is that enough support to help me even if the officer is against me? Once again, no alcohol in the cup. Should've mentioned that earlier.

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    Default Re: Minor in Possession Ticket for Holding a Glass of Ice

    Quote Quoting lucyogletree
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    Ok thank you. I am asking for help and advice from people who know the law not people to prove me guilty, but thank you. My question is that if it was simply a cup of ice with no smell due to no alcohol previously in the cup, can I use that in court? Is that enough support to help me even if the officer is against me? Once again, no alcohol in the cup. Should've mentioned that earlier.
    The fact that you don't understand the law does not translate into our not knowing the law.

    If you argue that you had nothing in your cup but water or a soft drink (without committing perjury -- nobody here is going to suggest that you commit a felony to try to lie your way out of a misdemeanor), you did not confess to the officer at the time you were ticketed, and the officer does not testify that he smelled alcohol in your cup or on your breath, then you have a shot at beating the ticket.

  9. #9
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    Default Re: Minor in Possession Ticket for Holding a Glass of Ice

    Quote Quoting lucyogletree
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    My question is that if it was simply a cup of ice with no smell due to no alcohol previously in the cup, can I use that in court?
    Yes, of course, that would be your defense.

    Quote Quoting lucyogletree
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    Is that enough support to help me even if the officer is against me?
    Unfortunately, there is no way to predict that without knowing what the officer will say. As with traffic tickets the judge is likely to believe the officer instead of the defendant unless you have more than just your word, which would be considered "biased and self-serving " Those are legal terms, not snarkiness :-).

    I suggest you consult an attorney.

    MIP is a misdemeanor and could result in a driver license suspension for 90 days along with a few hundred in fines.

    If that's not bad enough, you'll have a criminal record that'll cause you all sorts of problems for a long, long time.

    Google minor in possession lawyer with the name of your city and a bunch of listings will come up.

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