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?


Asked on 3/21/08, 12:40 pm

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

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Answered on 3/21/08, 12:53 pm
William Morrison Action Defense Center

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.

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Answered on 3/21/08, 1:09 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

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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Answered on 3/21/08, 1:12 pm


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