What can I do about my first MIP?
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What can I do about my first MIP?
I just recently got my first and last MIP. I have never been in trouble before and I’m not really sure what’s going to happen. Is there any way that I can get this dismissed? Does my age matter between 18-21 or is it the same charge regardless of if I was 18 or 20? Will I lose my drivers license? Because if so I won’t be able to work and then I won’t be able to pay off my fine. What can I do? In UT.
Asked on November 8, 2011 under Criminal Law, Utah
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
UT has strict, zero tolerance laws regarding underage drinking; it has what is known as a "no drop rule" Minors caught drinking or even possessing any amount of alcohol can face criminal charges for minor in possession (MIP). If found guilty of underage alcohol possession minors can face severe penalties, such as fines, alcohol monitoring (for which there is a fee), home confinement and monitoring, and a lengthy license suspension.
However, there are defenses. An experienced criminal/DUI attorney can spot weaknesses in the prosecution’s case and work to use those weaknesses to their client's best advantage. For example, many times MIP charges stem from a search and seizure carried out by police of a defendant’s automobile. If the police do not follow the constitutional limitations placed on these searches and seizures, skilled defense counsel can have the case dismissed.
Bottom line, if you can get an attorney do so. Even if they can't get your case dismissed, they may be able to get the charge reduced to at least lessen the penalties.
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