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Can I get charged with a MIP even though I had zero to drink but, I was just there.

Humble, TX |

A cop busted a party, and gave me a MIP even though I blew a 0. I was called to be someone's driver and I was wondering if this is okay. I had no bottle or can near me, but I was at the house where minors were drinking. I am 17

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Attorney answers 4


You should hire an attorney to fight it.


I assume you were cited and not arrested. I further assume since you are a minor, the police called your parents. It is not shocking that the police cited all minors present at the party. I would recommend that your parents hire a criminal defense attorney to defend you on this charge. Especially if you are not guilty. Good luck.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


get an attorney and fight the charge. However, you don't need to have a drink in your hand in order to be in "possession"

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


MIP charges are common and can be defended. In cases like these one should wait and see what the police report says. In some instances a motions can be filed. Most of these kind of cases results in a "he said and what the police said".....but if you have witnesses that may help your case.....regardless you should consult with an attorney and see how they can help you.

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