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How To Keep An MIP Ticket Off Your Criminal Record

MIP Ticket

An experienced attorney can get your MIP ticket dismissed or reduced so you won’t have a conviction on your criminal record or driving record.

The Punishment For Minor In Possession Of Alcohol Can Include Jail Time

For a first-time offender who has been convicted of Minor in Possession of Alcohol in Missouri, the maximum punishment is:

  • $300 fine
  • No Possibility of Jail Time

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

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

Your Driver’s License Can Be Suspended If You Are Convicted Of Minor In Possession of Alcohol

If you are charged with Minor in Possession of Alcohol under Missouri’s “Abuse & Lose” law and you plead guilty, your driver’s license will be suspended for 90 days.

Your license will be revoked for 1 year if you plead guilty or are convicted of MIP for a 2nd time under the “Abuse & Lose” law.

An experienced attorney can review your case and tell you whether you are being charged under the “Abuse & Lose” law.

You can click here to read my previous blog post about how to get your driver’s license reinstated after pleading guilty to an MIP ticket.

An MIP Ticket Stays On Your Criminal Record and Driving Record Forever

Unfortunately, MIP tickets do not “drop off” of your record or “get sealed” after a certain number of years, or when you turn 21.

  • An MIP ticket stays on your CRIMINAL RECORD forever unless you file a petition for expungement in court and the judge approves it
  • An MIP ticket stays on your DRIVING RECORD forever unless you file a written request with the Missouri Department of Revenue asking for it to be removed

You Are Allowed To Expunge Only 1 MIP Ticket

Missouri allows you to expunge only 1 Minor in Possession of Alcohol conviction, and only if it’s a first-time offense.

FOR EXAMPLE: If you pleaded guilty to an MIP ticket at age 17, and then pleaded guilty to another MIP ticket 2 years later, neither the first nor the second MIP ticket would be eligible for expungement.

How To Get An MIP Ticket Removed From Your CRIMINAL RECORD

If you pleaded guilty to an MIP ticket and have had no other convictions on your criminal record since that time, you can hire an attorney to file a petition for expungement.

Your petition for expungement of your MIP ticket will be heard by the judge if you meet the following requirements:

  • 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

The petition for expungement must be filed in the court in which you originally pleaded guilty. There will be a hearing before a judge, who will determine whether to grant your request to expunge your MIP conviction.

How To Get An MIP Ticket Removed From Your DRIVING RECORD

To get an old MIP ticket expunged (removed) from your driving record, you must mail a written request to the Missouri Department of Revenue (DOR) in Jefferson City, Missouri. Click here to read the DOR’s requirements for expungement.

You are not eligible to have your MIP conviction expunged from your driving record until after you reach age 21 and at least 5 years have passed since your driver’s license was reinstated.

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

Don’t Plead Guilty To An MIP Ticket

Some people plead guilty to Minor in Possession of Alcohol because they don’t want to tell their parents they got the ticket and they can’t afford to hire an attorney without their parents’ financial assistance.

Be warned: If you plead guilty to an MIP ticket, you will have an alcohol-related conviction on your permanent criminal record, which will prevent you from getting a job or internship, renting an apartment, or being accepted into the college of your choice.

An Attorney Can Get Your MIP Ticket Dismissed Or Reduced To A Less Serious Offense

You can hire an attorney to negotiate a plea bargain deal with the court to get your MIP charge either:

  • Dismissed after a period of probation, or
  • Reduced to a less serious offense such as “Littering”

An experienced attorney can review your case and give you an estimate of what they can do for you.

Some factors that the court will consider:

  • Your age
  • Your criminal history
  • The amount of alcohol that was involved
  • Your behavior toward the police officer who issued the MIP ticket

If the judge agrees to dismiss or reduce your Minor in Possession charge, you might have to do some or all of the following:

  • Complete a 1-day alcohol education class
  • Do a few hours of community service
  • Pay a fine and court costs
  • Make a donation to the local Law Enforcement Restitution Fund
  • Serve a period of time on probation

How To Request A Public Defender To Represent You For Your MIP Ticket

If your MIP case is being prosecuted in state court and you can’t afford to hire a private attorney, you can contact the public defender’s office in the county in which your case is being prosecuted to see if you qualify for free representation. You will have to prove that you have no income and no family who can help you hire an attorney.

Unfortunately, public defenders do not represent defendants for misdemeanors in most municipal courts in Missouri, so you will have to hire a private criminal defense attorney if your case is being prosecuted in a municipal court.

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For a free consultation about your MIP ticket, call St. Louis MIP lawyer Andrea Storey Rogers at (314) 724-5059 or email Andrea at [email protected]

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Minor In Possession – What To Do If You Get A Ticket For Underage Drinking

MIP Ticket

You can avoid getting a conviction for Minor in Possession of Alcohol (MIP) on your criminal record and driving record if you hire an experienced lawyer to fight your MIP ticket for you.

What Does Minor In Possession Mean?

In Missouri, it is illegal for anyone under age 21 to drink alcohol. If you get caught drinking underage, police could give you a ticket for “Minor in Possession of Alcohol,” “MIP,” or “Underage Drinking.”

Click here to read the law in Missouri for Minor in Possession of Alcohol, which is RSMO 311.325.

Even if you don’t get caught actually drinking alcohol, you can receive a ticket for Minor In Possession Of Alcohol in Missouri if you:

  • Buy (or try to) buy liquor
  • Possess liquor
  • Are “visibly intoxicated”
  • Have a blood alcohol content of more than .02%

FYI – The police are not required to breathalyze you before issuing an MIP ticket, and you don’t have to be drunk to get an MIP ticket.

What Is “Minor In Possession By Consumption”?

Police can give you an MIP ticket even if there is no open container in your possession and the officer did not actually see you take a drink of alcohol.

If a police officer sees someone under age 21 acting “visibly intoxicated” at a house party or outdoor concert but that person is not actually holding a beer can or a red Solo cup, the officer can still issue an MIP ticket. The reason for this is that the person is considered legally in possession of alcohol because they physically consumed alcohol.

The punishment for Minor In Possession Of Alcohol By Consumption is the same as for Minor In Possession Of Alcohol.

You can read more about Minor In Possession Of Alcohol By Consumption in my blog post titled “Get Your MIP Charge Reduced And Keep It Off Your Record.”

Punishment For Minor in Possession of Alcohol or Underage Drinking in Missouri

If you are a first-time offender and you plead guilty to Minor in Possession of Alcohol or Underage Drinking in Missouri, the maximum punishment is:

  • $300 Fine
  • No Jail Time

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

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

Jail time is not likely for a repeat offender if they have an experienced criminal defense attorney representing them, but you may be placed on probation, be required to perform a few hours of community service, attend an alcohol education class, and/or pay a donation to the local school fund.

What Is The “Abuse & Lose” Law In Missouri?

Anyone under age 21 can be charged under the “Abuse & Lose” law in Missouri, which means:

  • Your driver’s license can be suspended for 90 days (if it’s a 1st offense) for any offense involving the possession or use of alcohol while operating a motor vehicle
  • Your driver’s license can be revoked for 1 year (for a 2nd offense) for any offense involving the possession or use of alcohol while operating a motor vehicle

If you are under age 18 and it’s your 2nd time being charged with an offense involving the possession or use of alcohol (NOT while operating a motor vehicle), the same punishment applies as listed above, which means your driver’s license can be suspended or revoked.

What Happens If You Plead Guilty To Minor In Possession Of Alcohol In Missouri

If you plead guilty to a first-time offense of Minor In Possession Of Alcohol, the judge may sentence you to pay a fine without requiring community service, probation, or completion of an alcohol education class.

However, pleading guilty to MIP will cause a conviction for MIP to show up on your permanent criminal record.

Having an alcohol-related conviction such as MIP on your criminal record may prevent you from obtaining a job or internship, renting an apartment, or getting accepted into college.

Minor In Possession Of Alcohol Convictions Stay On Your Record Forever

Unfortunately, a conviction for Minor In Possession Of Alcohol or Underage Drinking will not get “sealed” or “drop off” of your record after a few years.

If you plead guilty to Minor In Possession Of Alcohol, that conviction stays on your CRIMINAL RECORD forever unless you hire an attorney to get it expunged

In addition, a conviction for Minor In Possession Of Alcohol stays on your DRIVING RECORD forever unless you ask the Missouri Department of Revenue to remove it.

An MIP conviction is not eligible for removal from your driving record until you reach age 21 and 5 years have passed since your driver’s license was reinstated.

Click here for more information about removal of your MIP conviction from your driving record, or consult the Missouri Department of Revenue website.

You Can Get An MIP Conviction Expunged From Your Criminal Record

Expungement of an MIP conviction is possible if it was your first offense and you have had a clean record since the original conviction date.

You are allowed to expunge only one MIP conviction in your lifetime, and only if it it your first offense.

I discuss MIP expungement in more depth in my previous blog post “MIP Expungement – Remove The Record Of Your Minor In Possession Of Alcohol Ticket.”

Hire A Lawyer To Get Your MIP Ticket Dismissed Or Reduced To A Less Serious Offense

It is very likely that you will NOT have to appear in court if you have an experienced lawyer representing you for your MIP ticket. Your lawyer will negotiate a plea bargain deal to get your MIP ticket either:

  • Reduced to a less serious offense, such as “Littering,” or
  • Dismissed completely

The outcome of your case depends on:

  • Your age
  • Your behavior toward the police officer
  • Your criminal history
  • Which court your case is being prosecuted in

In more serious cases in which 1) the defendant has prior convictions or 2) defendant’s case is being prosecuted in state court, the defendant may be required to do one or all of the following:

  • Be placed on probation
  • Attend an alcohol education class
  • Do a few hours of community service
  • Pay a “donation” to the local school fund
  • Have your driver’s license suspended or revoked (if charged under “Abuse & Lose” law)

If you consult an experienced criminal defense attorney, they can give you a flat-fee price quote for how much they will charge to represent you, including an estimate of the outcome of your case and an estimate of the amount of any fines and court costs you may have to pay.

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For a free consultation about your Minor in Possession of Alcohol ticket, call criminal defense attorney Andrea Storey Rogers at (314) 724-5059 or email Andrea at [email protected]

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How to Get a First-Time MIP Conviction Expunged in Missouri

You can get your first-time MIP (Minor in Possession) conviction expunged from Missouri court records, but you must wait to file your petition for expungement until 1 year has passed since the conviction date, or until you have turned age 21, whichever comes first.

What is an MIP?

According to Missouri Minor in Possession law, a person under age 21 is guilty of misdemeanor “Minor in Possession” or “Possession by Consumption” if he or she:

  • purchases, or attempts to purchase intoxicating liquor,
  • possesses any intoxicating liquor,
  • is visibly intoxicated, or
  • has a detectable blood alcohol content of more than two-hundredths of one percent or more

What’s the Punishment for an MIP?

If it’s your first MIP, the maximum punishment in Missouri is a $300 fine. For a 2nd MIP conviction, the maximum penalty is 1 year in jail and a $1,000 fine.

An MIP Conviction Will Cause Your License to be Suspended

If you are convicted of Minor in Possession or Possession by Consumption, your driver’s license will be suspended for 30 days if it’s your first MIP. For a 2nd MIP, your license will be suspended for 90 days. For a 3rd MIP, your license will be revoked for 1 year.

MIP Convictions Don’t Automatically Get Expunged

Contrary to popular belief, MIP convictions don’t automatically get expunged from your criminal record after you turn 21. You must file a petition for expungement in court, and the judge must approve it, before the record of your MIP can be removed from the court records.

Do You Have to Hire an Attorney to Get an MIP Conviction Expunged?

You are not required to hire a lawyer to get your MIP conviction expunged.

Most people with an MIP conviction want to get the conviction expunged from their criminal record because such a conviction may prevent them from getting a job, being accepted into college, renting an apartment, etc.

If you choose to represent yourself, you will have to file a petition for expungement in the court where you pleaded guilty or were convicted, and you will have to attend a hearing before a judge. The City (or State, if your case is in Circuit Court) will be represented by the prosecuting attorney, who may present evidence against you if the City or State opposes your petition for expungement.

What Do You Have to Prove in Court to Get an MIP Conviction Expunged?

At the hearing, you will be required to show the court that

1) you have had no other alcohol-related convictions or alcohol-related enforcement contacts since your original MIP conviction, and

2) you are applying for expungement at least 1 year after the original conviction date, or after you reached age 21.

An Attorney Can Get Your MIP Charge Dismissed or Reduced to a Lesser Offense

If you have been charged with an MIP in Missouri but you have not been convicted yet, you can hire an attorney to represent you. Your attorney can prevent you from losing your driver’s license and having an MIP conviction on your permanent record.

Depending on your prior criminal history, the court your case is being prosecuted in, and the details of your specific case, an attorney may be able to get your MIP charge dismissed or reduced to a lesser offense, such as “Littering.” You may have to pay a fine, or you may be required to attend an alcohol education class and/or perform a few hours of community service.

If you have been charged with an MIP in Missouri 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]

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How to Get a First-Time DUI Conviction Expunged in Missouri

You can get a first-time misdemeanor DUI conviction expunged from your criminal record in Missouri if 10 years have passed since your conviction date with no other alcohol-related driving convictions or alcohol-related enforcement contacts/actions during that time.

Expungement is not possible for felony DUIs or for anyone convicted of driving a commercial motor vehicle while under the influence of alcohol.

Expungement is also not possible if you have already had a DUI expunged before.

What Does Expungement Mean?

Expungement is the removal of all court records of your arrest, plea, trial, or conviction. The only types of alcohol-related convictions that are eligible for expungement in Missouri are first-time DUI/DWI (Driving While Intoxicated) or MIP (Minor in Possession) convictions.

The Missouri DUI expungement law is RSMo 577.054. This law allows anyone who pleaded guilty to, or was convicted of, a first-time misdemeanor DUI to apply to have the court expunge the DUI charge 10 years after the conviction date, as long as the individual has had no other alcohol-related driving convictions, “alcohol-related enforcement contacts,” or any pending “alcohol-related enforcement actions” within the 10-year period since the conviction.

An “alcohol-related enforcement contact” includes DUI/DWI, DUID (Driving Under the Influence of Drugs), or Excessive BAC (Blood Alcohol Content).

Do You Have to Hire a Lawyer to Get a DUI Conviction Expunged?

You have the right to represent yourself in court, so you don’t have to hire a lawyer to request the expungement of your DUI conviction.

If you decide to represent yourself, you must file a petition for expungement in the court where you pleaded guilty or were convicted. Then you will have to attend a hearing before a judge. The City (or State, if your case is in Circuit Court) will be represented by the prosecuting attorney, who may present evidence against you if the City or State opposes your petition for expungement.

At the hearing, you will have to prove to the judge that you meet the requirements for expungement according to the statute. If you are successful, the court will enter an order of expungement, and all records of your DUI arrest, plea, trial, or conviction will be deleted from the court records.

How to Get a First-Time Misdemeanor DUI Conviction Expunged From Your Driving Record

If the judge agrees to expunge your first-time misdemeanor DUI conviction from your criminal record, you can then send proof to the Missouri Department of Revenue (Driver’s License Bureau) and request that they expunge your first-time misdemeanor DUI conviction from your driving record.

For a free consultation and price quote for legal representation for your traffic ticket or other criminal charge, call St. Louis traffic law attorney Andrea Storey Rogers at (314) 724-5059 or email her at [email protected]