|
This web page is intended to provide general information
on legal issues for students of Texas A&M University. Specific advice regarding an
individual person or situation should be requested from an attorney. This web page should
be used for general information reference only and is not
intended to provide legal advice.
A charge of Minor in Possession (M.I.P.) means that you, being a person under the age
of 21 years, have been given a citation by a police officer or Texas Alcohol Beverage
Control Officer for being illegally in possession, ownership, or control of an alcoholic
beverage. The principal element of this crime, which must be proven beyond a reasonable
doubt, is that you were in possession, ownership, or control of an alcoholic
beverage.
Minors are at risk of an M.I.P. citation anytime they go to a party, nightclub, or when
they are in a vehicle where alcohol is present. A minor can be in the proximity of alcohol
which belongs to another person, but cannot touch, hold in his/her hand, transport,
attempt to purchase, consume, or have any contact with it.
Possession of an alcoholic beverage may also include situations in which there is
"constructive possession." An example of constructive possession is when a minor
is in an automobile where alcohol is readily accessible to any minor passenger in that
vehicle. This situation extends to alcohol which is on the car seat, floor, or stored in
the trunk of an automobile in which the driver is a minor and is in possession of the keys
which unlock the trunk.
Constructive possession may also exist when:
-
you are at a table with several people who are drinking from a pitcher of beer with cups
scattered about;
-
you pick up empty beer cans and cups;
-
you hold a friend’s beer so that they can put on their jacket; or
-
you use a beer can a spittoon.
Furthermore, a minor will be considered to be in possession of alcohol simply if he/she
is carrying a grocery bag for a friend in which alcohol has been packed.
Top
V.T.C.A. ALCOHOLIC BEVERAGE CODE
106.05 Possession of Alcohol by a Minor
Texas Alcoholic Beverage Code, Sec. 106.05 provides that a minor (a person under the
age of 21 years) commits this offense if he possesses an alcoholic beverage.
A minor may possess alcohol if he is in the visible presence of his adult (over
the age of 21 years) parent, guardian, spouse, or other adult to whom he has been
committed by a court.
A minor may possess alcohol while in the course and scope of his employment if he is an
employee of a license or permittee and the employment is not prohibited by this
code.
This offense is a Class "C" misdemeanor punished by a fine not to exceed
$500.00. However, if a minor has 2 prior convictions, the punishment is a fine of not less
than $250.00 or more than $2,000.00 and/or confinement in jail for a term not to exceed 6
months!
The court shall order a convicted minor to perform community service for not less than
8 or more than 12 hours. However, if he has a prior conviction, the community service is
not less than 20 hours or more than 40 hours.
The court shall order the Department of Public Safety to suspend the minor’s
driver’s license or permit or, if he does not have one, to deny the issuance of one
for: 30 days if he has no prior convictions; 60 days if he has one prior conviction; or 6
months if he has 2 prior convictions.
For the purpose of determining whether a minor has a prior conviction, an order
of deferred adjudication for a prior offense is considered a conviction!
The court shall require a convicted minor who has not been previously convicted
to attend an alcohol awareness course approved by the Texas Commission on Alcohol and Drug
Abuse. If he has been previously convicted, the court may require him to attend the
course.
Top
Not Guilty Pleas
If you feel you are not guilty of M.I.P. you should enter a plea of not guilty
with the court clerk prior to your appearance date stated on the ticket.
You must prepare for your defense at a bench or jury trial. You should have the court
clerk issue subpoenas for those witnesses necessary for your defense. It is recommended
that you seek the advice of an attorney prior to the trial. Please contact our office at
your earliest convenience to schedule an appointment.
Guilty Pleas
If you are guilty of M.I.P., you may enter a plea of no contest or guilty and ask the
court clerk for an uncontested hearing with the judge on the issue of punishment. At the
hearing, introduce yourself to the judge and explain that you desire to avoid an M.I.P.
conviction on your record. Therefore, you request that the court grant you Deferred
Adjudication.
Top
The judge may defer further proceedings without entering an adjudication of guilt and
place you on probation for a period not to exceed 180 days. At the conclusion of the
deferral period, if you present evidence that you complied with the requirements imposed
by the Court, the judge shall dismiss the M.I.P. complaint and note in the docket that
there is not a final conviction. However, the arrest will still appear on your record.
In most cases, the judge will grant Deferred Adjudication and order six months
probation, 25 hours community service, attendance at an alcohol education workshop and
court costs.
Top
Any person convicted of not more than one violation of the Texas Alcohol Beverage Code
while a minor, on attaining the age of 21 years, may apply to the court in which he/she
was convicted to have the conviction expunged. Following entry of an expunction order, you
may deny the occurrence of the M.I.P. conviction and the existence of the expunction
order.
Please contact the Offices of the Dean of Student Life, Student Conflict Resolution
Services at 847-7272 for preparation of the expunction forms or if you need
further assistance.
Top
Student Conduct Charges
If a student is issued a citation for M.I.P. while on the Texas A&M University
campus he/she may also be subject to student disciplinary action by the University. Such
action may be taken in addition to and independent of any court ruling. Students are
notified in writing of student conduct charges by Student Conduct Services in the
Offices of the Dean of Student Life. For more information concerning the student conduct process,
contact Student Conflict Resolution Services, 847-7272 or visit Alcohol and Drug Education Programs.
Top
|
