Minor in Possession

Minor in Possession Lawyer

Missouri law on what constitutes an under age person being in possession of alcohol extends far beyond what a teen may hold in his hand. Anyone younger than 21 years old can be charged for buying or trying to buy alcohol, possessing alcohol (opened or not) or for being intoxicated.

A first violation can carry a fine of up to $300 and a 30-day suspension of your driver’s license. Subsequent violations can carry hefty fines and/or jail time.

If you or your child has been charged with violation of the law, it is imperative to get legal advice immediately. In certain circumstances, a record can be expunged — meaning the record is wiped clean.

A Minor in Possession charge doesn’t only include situations when minors are actively consuming alcohol. In fact, you can be charged with a minor in possession if you’re found attempting to purchase alcohol or possessing it without intending to drink it — even if you were purchasing it for a parent.

Many people think an MIP charge isn’t a big deal. Unfortunately, this is a serious misconception. Not only can your teen lose their license for a year, they can also face up to $1000 in fines. If your child has been charged with a Minor in Possession, it is crucial to reach out to a lawyer who is experienced in handling these cases. MRD Lawyers are here to help.

MISDEMEANOR MINOR IN POSSESSION STATUTE

Citation: 2005 Missouri Revised Statutes – § 311.325

Purchase or possession by minor, a misdemeanor–container need not be opened and contents verified, when–burden of proof on violator to prove not intoxicating liquor.

1. Any person under the age of twenty-one years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in section 311.020 or who is visibly intoxicated as defined in section 577.001, RSMo, or has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person’s blood is guilty of a misdemeanor. For purposes of prosecution under this section or any other provision of this chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
2. For purposes of determining violations of any provision of this chapter, or of any rule or regulation of the supervisor of alcohol and tobacco control, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.

PENALTY OF CONVICTION

If your child is charged with a misdemeanor for a Minor in Possession, they could be facing a fine up to $1000, a one year suspension of their driver’s license, and mandatory enrollment in educational classes on the dangers of alcohol or community service.

MRD Lawyers has nearly two decades’ experience in handling such offenses. Contact us today for a consultation and learn how we can help you.