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  1. #1
    Join Date
    Feb 2010
    Posts
    3

    Default MIP in Tennessee

    My question involves criminal law for the state of: Tennessee

    Let me set up the situation... I was at an empty house that is owned by a friend of mine's dad who lives in another state.

    We decided to have a party in the house, and the neighbors called the police because they thought there was underage drinking going on (there definitely was).

    The police arrived, knocked on the front door, and I answered it. They asked if they could come in, and I said yes.

    Everybody was hiding, the police found everyone, and we all gathered into the kitchen. We had three cases of beer, a 5th of vodka, and a small amount of Everclear. The two people that supplied all the alcohol managed to escape, which of course did not sound credible when I told the police that...

    The police then proceeded to write everyone up for an MIP. They did not breathalyze anyone, and could not prove who brought the alcohol.

    We had people ranging from 16-18 years of age. I am 17 and had been drinking. The police asked me if I had been drinking and I told them the truth that I had been.

    Many people there had not been drinking, some of which are 18 years of age. Is it possible for an 18 year old to get an MIP for just being around alcohol? Being 18 enables one to legally go into bars and clubs, so why would an 18 year old get in trouble if they are at a party with alcohol and did not consume any?

    I demanded that everyone be breathalyzed, but the police refused and said that everyone would get the same punishment; I had friends there that did not do anything at all - they were just there having a good time socializing.

    Questions:

    1. Could I have said no to the policeman when he asked if he could come in?

    2. What kind of punishment will I receive for consuming alcohol as a 17 year old?

    3. Can people receive an MIP for just being there and not consuming any alcohol or contributing alcohol to the party?

    4. Can an 18 year old receive an MIP for being at a party and not consuming alcohol?

    Thanks for all your help, and I'm sorry this was so long. I was just trying to give you a picture of exactly what happened

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: MIP Questions Tennessee

    Quote Quoting RobertT
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    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.

    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?

    3. Can people receive an MIP for just being there and not consuming any alcohol or contributing alcohol to the party?
    Yes.

    4. Can an 18 year old receive an MIP for being at a party and not consuming alcohol?
    Yes.

  3. #3
    Join Date
    Feb 2010
    Posts
    3

    Default Re: MIP Questions Tennessee

    Quote Quoting cyjeff
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    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?

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: MIP Questions Tennessee

    Quote Quoting RobertT
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    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.

    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.

    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.

  5. #5
    Join Date
    Dec 2008
    Posts
    18

    Default Re: MIP Questions Tennessee

    Quote Quoting cyjeff
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    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.

  6. #6
    Join Date
    Feb 2010
    Posts
    3

    Default Re: MIP Questions Tennessee

    Quote Quoting earearear
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    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...

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