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  1. #1
    Join Date
    Mar 2007
    Posts
    1

    Default MIP, Consumption in Public, and Open Container in Nebraska

    recently me and some friends went to a concert, before we went in, sombody of age wanted to drink before we left the parking garage. two of the 3 minors in the car put a very small amount of whiskey in a wendys cups and we drank it in the parked vehicle. we then put the bottle in the trunk, right before undercover officers opened the door and had us out, me and the other minor admitted to consuming, we got an mip, consuming in public and opened container. the vehicle was running. a breathalizer was not used, and i have read that it must be over .002 to be consumption. this is our first offence. what can i do to lessen the charge if possible, and can i argue that a breathalyser was not used. thanks for your time.

  2. #2
    Join Date
    Nov 2006
    Posts
    368

    Default Re: mip, consumption in public, and open container in NE

    Here is Nebraska's MIP law.

    Offense:Nebraska Minor in Possession (MIP) / Consumption (MIC) Law
    Description: No one under the age of 21 may possess, consume or have physical control of alcohol. Recently, "consumption" was added to the law, meaning that having alcohol in your body is another form of possession.
    Excemption: A minor under 21 may possess or consume alcohol in his/her permanent place of residence. However, recent court cases have not granted on-campus living units or apartments such status.
    Penalty: Straight sentence Up to $500 fine and 3 months in jail.
    Probation: Penalties and requirements vary

    You are most likely to recieve a probation sentence and a fine for the first offense.
    Thats if you plead guilty. If , however, you want to plead innocent after drinking and an one of your friends pleads guilty. Then prepare to spend some time as the Judge, who is NOT a fool, will know that you lied. Alcohol on your breath is proof of alcohol in your body.

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