In Lubbock, TX if you got a Minor in Possession (MIP) or Minor in Consumption (MIC) ticket what are your options?  This is a question I am often asked throughout the school year.  It seems every year minors attending Texas Tech, South Plains and other schools in Lubbock are often the target of these types of tickets.  If you get a ticket for MIP/MIC here is what you need to know.

What is a MIP/MIC?  Any person under the age of 21 with certain exceptions who is caught either with alcohol in their system (MIC) or in their possession (MIP) can get a ticket for those offenses.  The first question that you should ask for an MIP is what is "Possession?"  To be guilty of the offense of MIP, you have to be under 21 and in "possession" of alcohol.  A minor can be in possession and consume alcohol if they are in the direct presence of their parents.  Possession means care, custody and control. One thing I see every year are these "party patrol" tickets issued typically from the Lubbock Police Department.  Basically what happens is the LPD responds to a party and when they find lots of young folks there they simply issue MIP tickets to every person under 21.  To be guilty of the MIP the prosecutor must prove that you actually possessed the alcohol. Simply being in the same room as the alcohol without more is not enough for possession.

The next issue with a Lubbock  MIP/MIC is what options are there with the ticket?  If you are convicted of the offense (and for the MIP/MIC statute, a deferred is a conviction) and you do not get another alcohol related offense as a minor then you can seek to have that MIP/MIC expunged from your record.  If you get more than one MIP/MIC you cannot expunge it under the minor expunction statute.  It is important at if you have already had one MIP/MIC that you challenge the new ticket as if it is dismissed then you could still be eligible for the expunction.  

Bottom line is that if you get an ticket involving alcohol in Lubbock as a minor you should talk to a Lubbock lawyer that is familiar with the minor alcohol offenses, expunction options and ticket trial options.  

 In Lubbock, TX if you got a Minor in Possession (MIP) or Minor in Consumption (MIC) ticket what are your options?  This is a question I am often asked throughout the school year.  It seems every year minors attending Texas Tech, South Plains and other schools in Lubbock are often the target of these types of tickets.  If you get a ticket for MIP/MIC here is what you need to know.

What is a MIP/MIC?  Any person under the age of 21 with certain exceptions who is caught either with alcohol in their system (MIC) or in their possession (MIP) can get a ticket for those offenses.  The first question that you should ask for an MIP is what is "Possession?"  To be guilty of the offense of MIP, you have to be under 21 and in "possession" of alcohol.  A minor can be in possession and consume alcohol if they are in the direct presence of their parents.  Possession means care, custody and control. One thing I see every year are these "party patrol" tickets issued typically from the Lubbock Police Department.  Basically what happens is the LPD responds to a party and when they find lots of young folks there they simply issue MIP tickets to every person under 21.  To be guilty of the MIP the prosecutor must prove that you actually possessed the alcohol. Simply being in the same room as the alcohol without more is not enough for possession.

The next issue with a Lubbock  MIP/MIC is what options are there with the ticket?  If you are convicted of the offense (and for the MIP/MIC statute, a deferred is a conviction) and you do not get another alcohol related offense as a minor then you can seek to have that MIP/MIC expunged from your record.  If you get more than one MIP/MIC you cannot expunge it under the minor expunction statute.  It is important at if you have already had one MIP/MIC that you challenge the new ticket as if it is dismissed then you could still be eligible for the expunction.  

Bottom line is that if you get an ticket involving alcohol in Lubbock as a minor you should talk to a Lubbock lawyer that is familiar with the minor alcohol offenses, expunction options and ticket trial options.