Minor in Possession Cases

A charge of minor in possession is also known as an MIP. This type of illegal activity is a class C misdemeanor in the state of Texas. Kelly McMahan Law is not just an Austin traffic ticket lawyer. She also specializes in other class C felonies. Minor in possession of alcohol is a common misdemeanor.

Get in touch with Kelly McMahan for your minor in possession case.

This misdemeanor occurs when a person under the age of 21 years of age is given a citation for being in possession of an alcoholic substance. The person may also be in control of the substance but may not be outright consuming it. The most common issue in MIP cases is the question of if the minor was indeed in possession of the substance.

Minor in Possession Types

If your child has had a citation against them for being in possession of alcohol, then there may be a few ways to contest the citation. Firstly, decide if the officer who issued the citation is in the wrong or if there was some misinterpretation. Decide if the act was an actual possession or a constructive possession.

Actual possession is when the minor is caught with alcohol on their person. A few examples may be:

• A bottle of wine in a backpack
• Holding a beer in your hand
• A flask full of whiskey in a purse

These examples are found on the person’s body and are known as actual possession citations. Constructive possessions are harder to identify and may be more difficult to cite. For example, a car with a case of beer in the trunk is harder to pin on a minor. Furthermore, a minor could attend a party that has alcohol, but they may never drink.

These variations can significantly affect the outcome of an MIP case. If you are not sure where your case falls, then get in touch with Kelly McMahan Law. If you are interested in what McMahan can do for you, then give her law firm a call today at (512) 843-2889. Her website is also full of information on what kinds of cases she takes. Clients will find McMahan as one of the best Austin traffic and class C misdemeanor lawyers.