For 2006, Lawrence Municipal Court records show there were 438 cases of minors in possession of alcohol, or MIPs. The court has processed 98 cases of MIPs so far in 2007. Jo Hardesty, director and managing attorney for Legal Services for Students, takes your questions.

sandysslick

If I get the older brother of a guy just 20 drunk and have my way with him, will I, “Sandysslick”, be in trouble?
Thank you in advance!

GIJOE

I have a friend who is a first year law student can he help me fight it pro se

Moderator

Hi Everyone,

I am Christine Metz and I am moderating today’s chat with Jo Hardesty, who is the director and managing attorney for Legal Services for Students. She is here to talk to use today about MIPs.

Thanks for being here today Jo.

Jo Hardesty

Thank you Christine, before we start we have to give a disclaimer: The general information provided today is done as a service to the public. As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for advice of your competent legal counsel. This online chat is not intended to create, and does not create, an attorney-client relationship between you and Legal Services for Students and you should not act or rely on any information.

Moderator

Thanks for the disclaimer Jo. Now, lets get started with the questions.

Write2Know

I’m an out of state student. If I get an MIP and choose to return home without paying the fines or making a court appearance, what would the consequences of that action be?

Jo Hardesty

If you do not show up at any of your court appearances, the judge will issue what is called a bench warrant. If you are ever stopped by the police in Kansas you will be arrested at that time and have to pay a bond. The warrant might also be put into the national registry for warrants and you could be arrested in your home state. It is never a good idea to miss a court appearance or to not pay the fine. Perhaps you should contact an attorney before you leave Lawrence to review your options concerning your MIP.

booze_buds_03

How often do you witness a complete dismissal of an MIP charge and what are the typical or “best reasons” for getting one dismissed?

Jo Hardesty

Very rarely does a MIP charge get dismissed. Most dismissals are from search and seizure issues or perhaps the officer does not take a sample of the beverage. However, this does not mean if the officer does not take a sample you are likely to get your charge dismissed, the prosecutor can use other evidence to prosecute the case, such as statements you made to the police officer. The prosecutor has the discretion to dismiss a case.

Moderator

You mentioned that cases can be dismissed for search and seizure issues. Can you explain a little more what those issues are?

Jo Hardesty

In order for a police officer to stop you he needs to have reasonable suspicion that a crime is being or has been committed, which in a MIP case would be that you are drinking alcohol and are underage. In order to arrest you, search you or give you a ticket he needs to have probable cause, which can include you admitting that you are underage or that it is your alcoholic beverage.

GIJOE

should I fight my MIP when i didnt even have a drink in my hand and I was at a friends house partying?

Jo Hardesty

To fully answer your question there are a lot of factors to be taken into consideration, for instance, had you been drinking, was there alcohol within reaching distance, how the police got into the party, also what did you say to the police when they started questioning you. All of these are factors in the police officer establishing probable cause that you were in fact a Minor in Possession. Before you decide to ‘fight’ it you should have an attorney review the facts surrounding your specific case and also to review the facts in the police report. You can contact the Court in which you received your citation to get instructions on how to get your police report.

Jo Hardesty

The MIP ordinance states: no person under 21 years of age shall possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or cereal malt beverage except as authorized by law. This does not necessarily mean you have to be holding a alcoholic beverage to be in possession.

Moderator

Actually, GIJoe has another question for you.

GIJOE

If I already have 3 MIP’s and a OUI, is it still possible for me to get a diversion?

Thanx.

Jo Hardesty

Whether a diversion is granted depends on the prosecutor’s policy, which varies greatly by jurisdiction. Usually diversion is for first time offenders, so it would definitely be more difficult for you to receive a diversion. Since the penalties are more severe with each MIP and it is possible to lose your driver’s license for a significant amount of time and receive jail time, you should really speak with an attorney about what other options you have.

Moderator

We have one last question for today’s chat. This one comes from booze_buds_03.

booze_buds_03

What is your opinion on the amount of resources put toward arresting people for MIP by both local law enforcement and the state ABC? To me it seems these resources would be better served catching DUI suspects or other crimes where the wrongdoer has a greater potential to inflict harm on others.

Jo Hardesty

Obviously if they issue less MIPs it would be better for KU students, because so many KU students are under the legal drinking age. However, it is my understanding that the only people who can influence law enforcement are the people they report to. It appears that the Kansas Legislature has made alcohol related incidents a high priority to law enforcement by making the penalties for a MIP harsher.

Moderator

Jo thanks so much for taking the time to talk to us today about the legal issues surrounding MIPs. I think a lot of minors will find the information very useful. Is there anything else you want to add before we end today’s chat?

Jo Hardesty

Students who are currently enrolled at the University of Kansas Lawrence Campus, who have paid tuition and required campus fees, may receive the benefits of the program at no additional charge. Students are not required to use Legal Services for Students regarding any legal matter.
Please call Legal Services for Students at (785) 864-5665 or stop by our office to set up an appointment. Please check out our website, www.legalservices.ku.edu, for more information and community resources. Thank you for having us, Christine.