Legal Question in Criminal Law in Michigan
Minor In possession (of alcohol)
I am a 19 yr old college student and
last weekend the campus police
called the local police to our dorm
room where our music was ''too
loud.'' They found alcohol in the
room which was not technically
mine. Three people were given an
MIP follow an illegal BAC level after
blowing. I however, was NOT given a
breath test, but still given an MIP
which I was told was because it was
MY room, but not all my roommates
received one. Do I have a case or
options for pleading not guilty?
3 Answers from Attorneys
Re: Minor In possession (of alcohol)
You have many options. Hire an experienced attorney.
For more information, go to:
www.AggressiveCriminalDefense.com
Re: Minor In possession (of alcohol)
alcohol in the room which was not "technically"
mine
....so whose was it?
What form did the alcohol take? If it was a keg - no defense... a 1/2 pint in your buddy's pocket - defense.
... and did you drink any of it?
In any event you're looking at at no jail, probable probation, $100 fine, and a deferral so that it won't get into your record.
An attorney would be helpful if you're uncomfortable in dealing with this.
Re: Minor In possession (of alcohol)
"Possession" is not limited to "holding it in your hands". A theory of "constructive possession" can be used by prosecutors where the contraband is in your general reach and you have some control/dominion over the general area. So, if it's your dorn room, you have control/dominion over that area. But if you are merely visiting the room and happen to be standing next to the table where the booze is, a prosecutor most likely will not be claiming that you were in constructive possession of what you were standing next to. Some additional evidence of your possession/control of the containers will be needed (e.g., fingerprints, eye witnesses saying that you had been drinking from that bottle, admissions by you, etc.).
MIP is a misdemeanor, but it is a serious charge because it can affect your driver's license privileges. Consult with an attorney before pleading guilty.
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