Quick question?

[Tyler_Durden]

What is the name of your state?

Missouri

I got a mip a couple weeks ago. Me and my friend both got one for the same alcohol. It was his cooler. Neither use were drinking and proved it. I simply said I knew about the acohol when he admited that it was his. Can we both be charged for the samething.

 

[seniorjudge]

Q: Can we both be charged for the samething.

A: Yes.

 

[Happy Trails]

What is the name of your state?

Missouri

I got a mip a couple weeks ago. Me and my friend both got one for the same alcohol. It was his cooler. Neither use were drinking and proved it. I simply said I knew about the acohol when he admited that it was his. Can we both be charged for the samething.

Sounds like you both were charged with the same thing. If you are asking us if you both will be found guilty, I don't know. Depends on all the evidence.

It isn't relevant if you had actually consumed any of it yet; since you were not charged with consumption.

The officer that gave you both the ticket evidently felt you were both in possession of the alcohol.

Whenever a person under the age of 21 possesses alcohol, "A minor in possession charge may be filed". This charge is a misdemeanor.

There may be community service and some alcohol education classes ordered by the court. The other bad news is a minor will also be subject to the "Abuse and Lose" law which can result in driver's license suspension/revocation.

 

[Tyler_Durden]

Sounds like you both were charged with the same thing. If you are asking us if you both will be found guilty, I don't know. Depends on all the evidence.

It isn't relevant if you had actually consumed any of it yet; since you were not charged with consumption.

The officer that gave you both the ticket evidently felt you were both in possession of the alcohol.

Whenever a person under the age of 21 possesses alcohol, "A minor in possession charge may be filed". This charge is a misdemeanor.

There may be community service and some alcohol education classes ordered by the court. The other bad news is a minor will also be subject to the "Abuse and Lose" law which can result in driver's license suspension/revocation.

I understand what a mip is. I just have no idea how I got tangled up in this whole mess. My friend took responbillity for everything. Since the 3 beers and the cooler was his. He also did not find any open containers. Not much I can do about it now.

 

[Tyler_Durden]

Sounds like you both were charged with the same thing. If you are asking us if you both will be found guilty, I don't know. Depends on all the evidence.

It isn't relevant if you had actually consumed any of it yet; since you were not charged with consumption.

The officer that gave you both the ticket evidently felt you were both in possession of the alcohol.

Whenever a person under the age of 21 possesses alcohol, "A minor in possession charge may be filed". This charge is a misdemeanor.

There may be community service and some alcohol education classes ordered by the court. The other bad news is a minor will also be subject to the "Abuse and Lose" law which can result in driver's license suspension/revocation.

They where non traffic tickets also. Would you still get your drivers license taken away.

 

[Happy Trails]

They where non traffic tickets also. Would you still get your drivers license taken away.

Although you would be "subject" to the "Abuse and Lose" law, I don't think you will have that problem in this situation.

As far as you not being able to do anything about what happened now; you should have this be a wake up call for you in the future. Choose your friends wisely.

 

[seniorjudge]

What is the name of your state?

Missouri

I got a mip a couple weeks ago. Me and my friend both got one for the same alcohol. It was his cooler. Neither use were drinking and proved it. I simply said I knew about the acohol when he admited that it was his. Can we both be charged for the samething.

Did this happen at the fight club or in a vehicle?

Here's the abuse and lose law:

http://www.moga.state.mo.us/statutes/C500-599/5770000500.HTM

Missouri Revised Statutes
Chapter 577
Public Safety Offenses
Section 577.500

August 28, 2004


Suspension or revocation of driving privileges, persons under twenty-one years of age--violation of certain laws--surrender of licenses--court to forward to director of revenue--period of suspension.

577.500. 1. A court of competent jurisdiction shall, upon a plea of guilty, conviction or finding of guilt, or, if the court is a juvenile court, upon a finding of fact that the offense was committed by a juvenile, enter an order suspending or revoking the driving privileges of any person determined to have committed one of the following offenses and who, at the time said offense was committed, was under twenty-one years of age:

(1) Any alcohol related traffic offense in violation of state law or a county or, beginning July 1, 1992, municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing;

(2) Any offense in violation of state law or, beginning July 1, 1992, a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing, involving the possession or use of alcohol, committed while operating a motor vehicle;

(3) Any offense involving the possession or use of a controlled substance as defined in chapter 195, RSMo, in violation of the state law or, beginning July 1, 1992, a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing;

(4) Any offense involving the alteration, modification or misrepresentation of a license to operate a motor vehicle in violation of section 311.328, RSMo;

(5) Any offense in violation of state law or, beginning July 1, 1992, a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing, involving the possession or use of alcohol for a second time; except that a determination of guilt or its equivalent shall have been made for the first offense and both offenses shall have been committed by the person when the person was under eighteen years of age.

2. The court shall require the surrender to it of any license to operate a motor vehicle then held by any person against whom a court has entered an order suspending or revoking driving privileges under subsection 1 of this section.

3. The court, if other than a juvenile court, shall forward to the director of revenue the order of suspension or revocation of driving privileges and any licenses acquired under subsection 2 of this section.

4. (1) The court, if a juvenile court, shall forward to the director of revenue the order of suspension or revocation of driving privileges and any licenses acquired under subsection 2 of this section for any person sixteen years of age or older, the provision of chapter 211, RSMo, to the contrary notwithstanding.

(2) The court, if a juvenile court, shall hold the order of suspension or revocation of driving privileges for any person less than sixteen years of age until thirty days before the person's sixteenth birthday, at which time the juvenile court shall forward to the director of revenue the order of suspension or revocation of driving privileges, the provision of chapter 211, RSMo, to the contrary notwithstanding.

5. The period of suspension for a first offense under this section shall be ninety days. Any second or subsequent offense under this section shall result in revocation of the offender's driving privileges for one year.

(L. 1987 S.B. 230 § 1, A.L. 1991 S.B. 125 & 341)

Effective 6-20-91


© Copyright

bottom Missouri General Assembly

 

[Tyler_Durden]

Did this happen at the fight club or in a vehicle?

Here's the abuse and lose law:

http://www.moga.state.mo.us/statutes/C500-599/5770000500.HTM

Missouri Revised Statutes
Chapter 577
Public Safety Offenses
Section 577.500

August 28, 2004


Suspension or revocation of driving privileges, persons under twenty-one years of age--violation of certain laws--surrender of licenses--court to forward to director of revenue--period of suspension.

577.500. 1. A court of competent jurisdiction shall, upon a plea of guilty, conviction or finding of guilt, or, if the court is a juvenile court, upon a finding of fact that the offense was committed by a juvenile, enter an order suspending or revoking the driving privileges of any person determined to have committed one of the following offenses and who, at the time said offense was committed, was under twenty-one years of age:

(1) Any alcohol related traffic offense in violation of state law or a county or, beginning July 1, 1992, municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing;

(2) Any offense in violation of state law or, beginning July 1, 1992, a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing, involving the possession or use of alcohol, committed while operating a motor vehicle;

(3) Any offense involving the possession or use of a controlled substance as defined in chapter 195, RSMo, in violation of the state law or, beginning July 1, 1992, a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing;

(4) Any offense involving the alteration, modification or misrepresentation of a license to operate a motor vehicle in violation of section 311.328, RSMo;

(5) Any offense in violation of state law or, beginning July 1, 1992, a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing, involving the possession or use of alcohol for a second time; except that a determination of guilt or its equivalent shall have been made for the first offense and both offenses shall have been committed by the person when the person was under eighteen years of age.

2. The court shall require the surrender to it of any license to operate a motor vehicle then held by any person against whom a court has entered an order suspending or revoking driving privileges under subsection 1 of this section.

3. The court, if other than a juvenile court, shall forward to the director of revenue the order of suspension or revocation of driving privileges and any licenses acquired under subsection 2 of this section.

4. (1) The court, if a juvenile court, shall forward to the director of revenue the order of suspension or revocation of driving privileges and any licenses acquired under subsection 2 of this section for any person sixteen years of age or older, the provision of chapter 211, RSMo, to the contrary notwithstanding.

(2) The court, if a juvenile court, shall hold the order of suspension or revocation of driving privileges for any person less than sixteen years of age until thirty days before the person's sixteenth birthday, at which time the juvenile court shall forward to the director of revenue the order of suspension or revocation of driving privileges, the provision of chapter 211, RSMo, to the contrary notwithstanding.

5. The period of suspension for a first offense under this section shall be ninety days. Any second or subsequent offense under this section shall result in revocation of the offender's driving privileges for one year.

(L. 1987 S.B. 230 § 1, A.L. 1991 S.B. 125 & 341)

Effective 6-20-91


© Copyright

bottom Missouri General Assembly

It happened when we went camping.