Legal Question in DUI Law in Nebraska

Minor in Posession- 2nd offense

my son was recently given a ticket for minor in posession of alcohol. this was his second ticket in the past 2 months. He received a fine the first time, can you help me understand what might happen to him for this second offense? could he face jail time?


Asked on 10/14/08, 2:54 pm

2 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: Minor in Posession- 2nd offense

With MIP tickets, the third time's the (rather ugly) charm for jail time, when it's charged as a misdemeanor. The first two are considered petty offenses.

But make sure your son completes whatever conditions the judge orders as part of any deferred or probationary sentence. A violation may be treated as contempt of court, which could carry a jail sentence of 2-4 days (more if the judge is really pissed).

Also, don't forget he may also plead not guilty, if your son wasn't actually within arm's length of the alcohol.

Good luck.

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Answered on 10/15/08, 4:52 pm
Jim Forslund Law Office of James C. Forslund

Re: Minor in Posession- 2nd offense

No jail if he meets his court obligations. He may lose his license.

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Answered on 10/14/08, 3:42 pm


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