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Get Your MIP Charge Reduced And Keep It Off Your Record

MIP Ticket

You can hire an attorney to get your MIP charge reduced or dismissed so it won’t show up on your criminal record or driving record.

An Attorney Can Get Your MIP Charge Reduced To “Littering” Or Dismissed

An experienced criminal defense attorney can get your MIP charge 1) reduced to a less serious offense, such as “Littering,” or 2) dismissed completely.

Your attorney can give you an estimate of the most likely outcome of your case, depending on these factors:

  • The Court – Which court is your case being prosecuted in? Where you got caught underage drinking makes a huge difference in the outcome of your MIP case because some courts are more strict than others.
  • Your Attorney – Does your attorney have experience handling MIP cases and are they familiar with the court in which your case is being prosecuted?
  • Your Criminal History – Do you have prior drug- or alcohol-related arrests, charges, or convictions on your criminal record?
  • Your Age – When will you be 21 years old?
  • Your behavior – Were you polite and respectful to the police officer?

The outcome of an MIP case can vary widely, depending on the factors listed above.

For example, if your MIP ticket is being prosecuted in a Municipal Court, your attorney may be able to get your MIP charge reduced to “Littering” after you pay a fine and court costs, with no court appearance required.

If your MIP ticket is being prosecuted in a Circuit Court, the best possible plea bargain deal may include probation, completion of an alcohol education class, community service, and/or payment of a donation to the local law enforcement restitution fund.

Why Did You Get an MIP Ticket If You Weren’t Drunk?

In Missouri, underage drinking is charged as a misdemeanor called “Minor in Possession of Alcohol” or “MIP.” Missouri’s Minor in Possession of Alcohol law is RSMO 311.325.

Police officers can issue a ticket for Minor in Possession of Alcohol if they catch you doing any of the following:

  • Buying or attempting to buy liquor
  • Possessing liquor
  • Acting intoxicated
  • Having a detectable blood alcohol content of more than .02% (two-hundredths of one percent) or more

You don’t have to be drunk to get an MIP ticket, and police officers don’t have to breathalyze you before giving you an MIP ticket.

Most Common Places Minors Get Caught Under Age Drinking

Some common places where police officers issue tickets for Minor In Possession of Alcohol:

  • Mardi Gras (at the parade, in bars, etc.)
  • St. Patrick’s Day Parade
  • House Party
  • Parking Lot at Hollywood Casino Amphitheater before a concert
  • In a park late at night

Other examples:

A police officer sees you take a sip of a drink belonging to your friend (who is 21) in a bar or at an outdoor concert or sporting event, so they give you a ticket for Minor in Possession of Alcohol.

You are a passenger in a vehicle that gets pulled over for a traffic violation and the cop sees beer cans in the car, so everyone in the car who is under age 21 will get a ticket for Minor in Possession of Alcohol.

What Is Minor In Possession Of Alcohol By Consumption?

In addition to the standard Minor in Possession of Alcohol ticket, you can also be charged with “Minor in Possession of Alcohol by Consumption.”

The “consumption” means you don’t have any containers of alcohol in your possession, but you appear to be intoxicated.

Minor in Possession of Alcohol By Consumption is considered the same as a regular MIP ticket.

Just like a regular MIP ticket, you can get an “MIP By Consumption” ticket even if you are not drunk, and the police officer is not required to breathalyze you.

Penalties For Minor In Possession Of Alcohol In Missouri

If this is the first time you have been charged with Minor in Possession of Alcohol, the maximum punishment is:

  • $300 fine
  • No Possibility of Jail Time

If you have been charged with MIP before, the maximum punishment is:

  • 1 year in jail and
  • $1,000 fine

Jail time is highly unlikely for a first-time offender, or for a repeat offender who hires an experienced criminal defense attorney to represent them.

Even if all you have to do is pay a fine, you will still have an alcohol-related conviction on your criminal record if you plead guilty to Minor in Possession of Alcohol. Having an MIP conviction can make it very difficult to get a job or internship, or be accepted into college.

You Can Lose Your Driver’s License If You Plead Guilty To Minor In Possession of Alcohol

Your driver’s license can be suspended for 90 days if you plead guilty or are convicted of Minor in Possession of Alcohol under Missouri’s “Abuse & Lose” law. If you plead guilty or are convicted of MIP for a 2nd time, the state can revoke your driver’s license for 1 year.

An MIP Conviction Stays On Your Record Forever

Many people incorrectly believe that an MIP conviction will eventually “drop off” of your record after a certain period of time has passed, or after you turn 21. This is not true.

  • An MIP conviction stays on your criminal record forever unless you file a petition for expungement in court
  • An MIP conviction stays on your driving record forever unless you request that it be removed

How To Get An MIP Conviction Expunged From Your Criminal Record

If you pleaded guilty to Minor in Possession of Alcohol but have had a clean record since then, you can file a petition in court to get a first-time MIP conviction expunged (removed) from your criminal record.

The petition for expungement must be filed in the court where you were sentenced, and there will be a hearing before a judge, who will decide whether to allow your MIP conviction to be expunged.

How To Get An MIP Conviction Expunged From Your Driving Record

To remove an old MIP conviction from your driving record, you must send a written request to the Missouri Department of Revenue.

You are eligible to have your MIP conviction removed from your driving record after you reach age 21 and at least 5 years have passed since your driver’s license was reinstated.

For more information about expungement of an MIP conviction, read my previous blog post “MIP Expungement – Remove The Record Of Your Minor In Possession of Alcohol Ticket.”

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If you need help getting your MIP charge reduced or dismissed, call St. Louis MIP lawyer Andrea Storey Rogers at (314) 724-5059 or email Andrea at [email protected] for a free consultation about your case.

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MIP Expungement – Remove The Record of Your Minor in Possession of Alcohol Ticket

MIP Expungement

Missouri MIP expungement law allows a first-time offender to remove a Minor in Possession of Alcohol (MIP) conviction from their criminal record.

You will need to hire an attorney to file a petition to expunge your MIP conviction, and there will be a hearing before a judge. The petition must be filed in the court where you were sentenced for the original MIP ticket.

If your request for an expungement is granted, all records of your arrest, plea, trial, and conviction will be removed from your criminal record.

You Must Be a First-Time Offender to Qualify For an MIP Expungement

In Missouri, you can request an MIP expungement if the following is true:

  • At least 1 year has passed since you reached the age of 21
  • You have not been convicted of any other alcohol-related offenses since the original MIP conviction
  • You did not have a commercial driver’s license (CDL) when you received the MIP ticket
  • You were not driving a commercial motor vehicle when you received the MIP ticket

How Many Times Are You Eligible For an MIP Expungement?

In Missouri, you are allowed to expunge only 1 Minor in Possession of Alcohol (MIP) conviction, and only if it’s a first-time offense.

For example, let’s say you pleaded guilty to MIP at age 17, and then 2 years later you pleaded guilty again to another MIP ticket. At that point, neither the first nor the second MIP conviction would be eligible for expungement.

Why Should You Try to Expunge Your Minor in Possession of Alcohol Conviction?

Having an alcohol-related conviction on your criminal record can affect your ability to do the following:

  • Get accepted into college
  • Get a job or an internship
  • Rent an apartment

In addition, an MIP conviction will cause your license to be suspended for 30 days if it’s a first offense. Your license will be suspended for 90 days if it’s a second conviction, and it will be revoked for 1 year for a third MIP conviction.

When Can You Request an MIP Expungement?

You must wait until 1 year has passed after reaching age 21 before you can file a petition to expunge your MIP conviction.

How Long Does an MIP Conviction Stay On Your Criminal Record and Driving Record?

MIP convictions do NOT automatically “drop off” of your criminal record or driving record after a certain period of time.

  • An MIP conviction stays on your criminal record forever unless you get it expunged
  • An MIP conviction stays on your driving record forever unless you request that it be removed

If you have reached age 21 and 5 years have passed since your driver’s license was reinstated, you can send a written request to the Missouri Department of Revenue to ask them to remove the MIP conviction from your driving record.

How to Get Your Driver’s License Reinstated After Being Suspended For an MIP Conviction

Here’s how to get your Missouri driver’s license reinstated after a suspension or revocation due to an MIP conviction:

  • Complete the Substance Abuse Traffic Offender Program (SATOP) and send proof to the Missouri Driver License Bureau
  • Pay a $45 reinstatement fee to the Missouri Driver License Bureau
  • If your license was suspended, you won’t have to re-take the driving test unless your license expired while on suspension and has been expired for more than 184 days (6 months)
  • If your license was revoked (instead of suspended), you will have to re-take the driving test
  • If your license was revoked (instead of suspended), you will have to submit an SR-22 form (get this from your insurance company to prove your car has liability coverage) for 2 years after your license revocation date

Hire an Attorney To Fight Your MIP Charge

If you have been charged with Minor in Possession of Alcohol (MIP) or Underage Drinking in Missouri but you have not pleaded guilty, you can hire an attorney to get your MIP ticket dismissed or reduced to a lesser offense, such as “Littering.”

Fighting your MIP charge in court is cheaper than pleading guilty and hiring an attorney to expunge your MIP conviction later.

If you already pleaded guilty, you can hire an attorney to withdraw your guilty plea and negotiate a plea bargain deal with the Prosecutor to get your MIP charge dismissed or reduced to a lesser offense.

Please note that withdrawing your guilty plea is more difficult if too much time has passed since your conviction date, or if you had an attorney representing you when you pleaded guilty.

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If you need help with your Missouri Minor in Possession of Alcohol ticket, call St. Louis MIP lawyer Andrea Storey Rogers at (314) 724-5059 or email her at [email protected]

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Minor in Possession of Alcohol Tickets Can Be Dismissed or Reduced To a Lesser Offense

Minor in Possession of Alcohol

To get your Minor in Possession of Alcohol ticket dismissed or reduced to a lesser offense, you will need to hire an experienced criminal defense attorney to fight your MIP charge in court.

An Attorney Can Fight Your MIP Ticket

An experienced attorney can convince the Prosecutor to amend your Minor in Possession of Alcohol ticket to “Littering” and only require you to pay a fine and court costs, or possibly dismiss your MIP ticket after you complete an alcohol education class and/or do a few hours of community service and pay court costs.

The outcome of your MIP case depends on:

  • Which court your case is being prosecuted in
  • Your age
  • Your criminal history
  • Whether you were charged under the “Abuse & Lose” law
  • The skill and experience of the attorney who is representing you
  • The specific details of your case

When Can Police Issue a Ticket for Minor in Possession of Alcohol?

The blood alcohol limit is .02 in Missouri for underage drinking, but a police officer can issue an MIP ticket without administering a breathalyzer test if you are under age 21 and:

  • The police officer believes you are visibly intoxicated
  • The police officer sees that you possess intoxicating liquor
  • There is evidence that you purchased or attempted to purchase intoxicating liquor

Common situations in which a police officer will issue a ticket for Minor in Possession of Alcohol:

  • Liquor Store – You are underage and try to buy wine or liquor
  • Traffic Stop – Police pull you over for a traffic violation and see a beer can or liquor bottle in your vehicle
  • Concert – Undercover police officer sees you drinking alcohol in the parking lot before attending a concert
  • Mardi Gras/St. Patrick’s Day Parade/4th of July Celebration – Police officer sees you drinking alcohol at a public outdoor event
  • House Party – You are at a house party and the police show up and issue MIP tickets to everyone at the party who seems intoxicated

PLEASE NOTE:  Other charges involving underage drinking, such as “Providing Alcohol to a Minor” and “Using a Fake I.D.” are sometimes considered more serious than Minor in Possession of Alcohol tickets by prosecutors and judges.

Don’t Plead Guilty To Minor in Possession of Alcohol

Many people incorrectly believe that an MIP charge will automatically “drop off” of their criminal record after the defendant reaches age 21. This is not true. Pleading guilty will cause you to have a conviction for Minor in Possession of Alcohol on your permanent criminal record forever, until you hire an attorney to petition the court to have it expunged.

Having an alcohol-related conviction on your criminal record can prevent you from getting a job and may negatively affect your chances of being accepted into the college of your choice.

A First-Time MIP Conviction Can Be Expunged After You Plead Guilty

If you already pleaded guilty to Minor in Possession of Alcohol, you can hire an attorney to expunge the MIP conviction from your criminal record. Here is some important information if you are considering hiring an attorney to expunge your MIP conviction:

  • Defendants are allowed only 1 expungement pursuant to RSMO 311.326
  • Your attorney must file a petition to expunge your MIP conviction in the court where you were sentenced
  • There will be a hearing in front of a judge
  • If the judge agrees to the expungement, the records of your MIP arrest, plea, trial, and conviction will all be expunged
  • The petition to expunge your MIP conviction can’t be filed until after a period of not less than 1 year after you reach age 21

Expunging the conviction after you have pleaded guilty to MIP is more expensive than hiring a lawyer to get the MIP charge dismissed or reduced when you were first charged. Also, there is no guarantee that the judge will agree to expunge your MIP conviction.

Jail Time Is Possible For Repeat MIP Offenders

For first-time offenders charged with Minor in Possession of Alcohol or Underage Drinking in Missouri, the maximum fine is $300 with no possibility of jail time.

If you get charged with MIP a second time, it’s considered a class A misdemeanor and the maximum punishment is 1 year in jail and a $1,000 fine.

A Minor in Possession of Alcohol Ticket Can Cause You To Lose Your Driver’s License

If you are charged with MIP under Missouri’s “Abuse & Lose” law, your driver’s license can be suspended for 90 days if it’s your first offense. The suspension of your license is in addition to the fine and possible jail time (if you have prior convictions on your criminal record). You can call the court  clerk or ask your attorney to determine if you have been charged under the “Abuse & Lose” law.

Contact the Missouri Department of Revenue at (573) 751-4475 or go to their website if you have questions about how to get reinstated after your license was suspended due to an MIP conviction.

How Long Does an MIP Conviction Stay On Your Record?

An MIP conviction stays on your criminal record forever, unless you hire an attorney to expunge it.

In addition, an MIP conviction remains on your driving record for 5 years after your license reinstatement date, and then you must send a written request to the Missouri Department of Revenue asking them to remove it from your driving record.

Call St. Louis criminal defense attorney Andrea Storey Rogers at (314) 724-5059 for a free consultation about your case and get a flat-fee price quote for how much she will charge to represent you. Or email Andrea at [email protected]

 

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What To Do About a Minor in Possession of Alcohol Ticket in Missouri

An experienced attorney can get your ticket for Minor in Possession of Alcohol or Underage Drinking dismissed or reduced to a lesser offense.

What is “Minor in Possession of Alcohol?”

In Missouri, a first-time charge of Minor in Possession of Alcohol (MIP) is a class D misdemeanor. According to Missouri law RSMO 311.325, you can be charged with MIP if you are under age 21 and you do any of the following:

  • Purchase or attempt to purchase intoxicating liquor
  • Possess intoxicating liquor
  • Appear to be visibly intoxicated
  • Have a detectable blood alcohol content of more than two-hundredths of one percent or more by weight

If you get charged with MIP a second time, it’s considered a class A misdemeanor.

Why Didn’t the Police Officer Breathalyze You Before Giving You a Ticket For MIP?

Police officers do not have to administer a breathalyzer test before issuing a ticket for Minor in Possession of Alcohol. Police can issue tickets for MIP in any of the following situations:

  • You are attempting to purchase alcohol while underage
  • You are pulled over for a traffic violation and the police officer sees a beer can in your car
  • A police officer sees you drinking at Mardi Gras, St. Patrick’s Day Parade, etc.
  • A police officer sees you drinking in the parking lot before a concert
  • You are at a house party where underage drinking is occurring and police show up after neighbors call to complain about the noise

If the officer believes you appear to be visibly intoxicated, they can issue a ticket for MIP. In a situation such as a house party, the police officers will commonly issue tickets for MIP to everyone at the party if they believe underage drinking is occurring.

What’s the Maximum Punishment for Minor in Possession of Alcohol in Missouri?

If you have no prior convictions for Underage Drinking or Minor in Possession of Alcohol in Missouri, the maximum penalty is a fine of $300. If this is not your first ticket for underage drinking, the maximum punishment is 1 year in jail and a fine of $1,000.

In addition to paying a fine, your driver’s license could be suspended if you were charged under Missouri’s “Abuse & Lose” law.

Even if you don’t care about paying a fine or having your license suspended, having an alcohol-related conviction such as MIP on your permanent criminal record may prevent you from getting a good job or being accepted into the college of your choice.

How to Fight a Ticket for Minor in Possession of Alcohol or Underage Drinking

An experienced attorney can help you fight a ticket for Minor in Possession of Alcohol or Underage Drinking. In most cases, your attorney can negotiate a plea bargain deal with the court to get your MIP ticket dismissed or reduced to a lesser offense, such as “Littering.”

The outcome of your case depends a lot on which court your case is being prosecuted in. The prosecutors and judges in some counties in Missouri are very strict when dealing with defendants charged with Minor in Possession of Alcohol or Underage Drinking, but may be quite lenient in other counties.

Other factors that make a difference in your case include:

  • How old are you? (If you were 3 months from turning 21 when you got the MIP ticket, the Prosecutor may be more lenient than if you were 16.)
  • Do you have any prior alcohol-related convictions on your criminal record?
  • Were you polite and respectful to the police when they issued the MIP ticket?

Before dismissing or reducing your MIP ticket, the court may require you to do some or all of the following:

  • Attend a brief alcohol-education class
  • Perform a few hours of community service
  • Pay a fine and court costs
  • Make a donation to the local law enforcement restitution fund

How To Get An Old MIP Conviction Expunged

It is possible to get an old MIP conviction expunged (removed) from your criminal record if you pleaded guilty to Minor in Possession of Alcohol (MIP) or Underage Drinking in the past. Contrary to popular belief, your MIP conviction does not automatically drop off your record or get sealed once you reach age 21.

After 1 year has passed since your conviction or you reach age 21 (whichever comes first), your attorney can file a petition for expungement of your MIP charge. There will be a hearing before a judge, and the judge will want to see proof that there are no other alcohol-related law enforcement contacts on your criminal record since the original MIP conviction date.

For more information about expungement of an MIP conviction, read my previous blog post “How To Get a First-Time MIP Conviction Expunged in Missouri.”

Call St. Louis MIP lawyer Andrea Storey Rogers at (314) 724-5059 for a free consultation about your ticket for under-age drinking or Minor in Possession of Alcohol (MIP) in Missouri. Or email her at [email protected]

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How to Get Your MIP (Minor in Possession of Alcohol) Ticket Dismissed or Reduced To a Lesser Offense

An attorney can help get your MIP (Minor in Possession of Alcohol) ticket dismissed or reduced to a lesser offense, thus avoiding an MIP conviction on your criminal record and suspension of your driver’s license.

The outcome of your MIP case depends on:

  • Your past criminal history
  • Which court your case is being prosecuted in, and
  • The details of your specific case

If you plead guilty to a Minor in Possession of Alcohol charge, you will have an MIP conviction on your criminal record forever, which may prevent you from getting a job or being accepted into college.

How Can an Attorney Help You Fight Your MIP Ticket?

You will need an attorney to represent you if you want to fight your MIP ticket.

Your attorney may be able to convince the Prosecutor to amend your MIP charge to “Littering” and only require you to pay a fine and court costs, with no court appearance required.

Other Missouri courts are more strict and will require you to serve probation, do community service, and possibly complete an alcohol education class.

What Does “Minor in Possession of Alcohol” Mean?

Missouri police officers issue tickets to minors for MIP when they believe a person under age 21 is guilty of misdemeanor “Minor in Possession” or “Possession by Consumption” by doing the following:

  • purchasing or attempting to purchase intoxicating liquor,
  • possessing any intoxicating liquor,
  • appearing to be visibly intoxicated, or
  • having a detectable blood alcohol content of more than two-hundredths of one percent or more

What’s the Penalty For an MIP in Missouri?

For a first-time MIP charge in Missouri, the maximum penalty is a $300 fine. For a 2nd MIP conviction, the maximum penalty is 1 year in jail and a $1,000 fine.

In addition, your driver’s license can be suspended for 90 days if you are charged under the Missouri “Abuse & Lose” law.

MIP Convictions Don’t Automatically Get Expunged Once You Turn 21

Contrary to popular belief, MIP convictions are not automatically removed from your criminal record once you turn 21. A petition for expungement must be filed with the court, and the judge must approve it, before the record of your MIP can be removed.

Your best option is to hire an attorney to represent you for the MIP ticket, rather than pleading guilty to the MIP charge and then hiring an attorney later to expunge the record of your MIP.

How To Get an MIP Conviction Expunged

To get a first-time MIP conviction expunged from Missouri court records, hire an attorney to file a petition for expungment in court. The petition for expungement can not be filed until either 1 year has passed since the conviction date or you have turned age 21, whichever comes first.

Once a petition for expungement of your MIP has been filed in court, there will be a hearing in front of a judge. Your attorney will have to prove that there are no other alcohol-related convictions or law enforcement contacts on your criminal record since your original MIP conviction.

If you have received a ticket in Missouri for MIP (Minor in Possession of Alcohol) and would like to get a price quote for legal representation, call St. Louis MIP lawyer Andrea Storey Rogers at (314) 724-5059 or email her at [email protected]