Explaining Cases Involving Minor In Possession or Minor in Consumption Charges

There are many forms of possession recognized by Arizona law.

The actual form of possession occurs when alcohol is in a person’s immediate control. This control involves alcohol being in your hands, bag, or clothing.

A form of possession known as constructive possession is when control is intentional and is carried out solely or with others involved.

The constructive possession theory suggests that alcohol may be located within a car, home, restaurant, dorm, or bar. Although a possession charge could be made in this sense, the attempt to prove it may be more difficult.

Juvenile possession is either joint or sole. Joint possession is not easily proven since reasonable doubt could exist. Sole possession refers to a single person committing the crime.

A minor in possession is guilty when they take part in consuming alcohol through either buying or possessing it while being under 21 years of age.

Under law ARS 4-244(9) refers to alcohol as a spirituous liquor and includes the following:

Ale
Gin
Rum
Brandy
Porter
Wine
Whiskey
Tequila

Having an offense involving juvenile possession may also be known as a MIP. When the minor in possession law is broken by drinking alcohol, they are charged with minor consumption.

It is essential to understand that if the possession is legal in nature, then a minor consumption charge cannot be made.

Do Any Other Crimes Relate To Underage Drinking Charges?

Other crimes that exist, which are related to minor in possession include and underage drinking include:

Contributing to the Delinquency of a Minor
DUI
Public Consumption of alcohol

Arizona Law Governing Contributing to the Delinquency of a Minor Leading to Minor in Consumption

Under the contributing to the delinquency of a minor law, it is a crime for a person to furnish, encourage, or cause a delinquency in a child that will lead to a minor in consumption violation.

The law describes delinquency as being the act of causing injury to a child’s health and well-being.

Although the minor in possession law governs an age below 21, the contributing law governs an age below 18.

Arizona Law Governing DUI

Individuals can face a DUI charge if they operate a motor vehicle while under the influence of any substance that may result in physical impairment.

This impairment may be caused by the following:

Drugs
Alcohol
Vapors

When a minor has been caught with possession and gets behind the wheel of an automobile, then they will have two charges against them.

Arizona Law Governing Public Consumption of Alcohol

The public consumption of alcohol law (ARS 4-244) stipulates a crime when alcohol is consumed at a gathering, public area, or a thoroughfare.

This law is much broader and governs all individuals regardless of age.

Penalties Due To Underage Drinking Charges

Understanding the penalties associated with underage drinking is essential. When you are familiar with the law governing underage drinking charges, then it will hopefully make the minor think twice before thinking of possessing alcohol in the first place.

To begin with, if a minor is charged with a minor in possession charge, they will have a class 1 misdemeanor on their criminal history report.

An offense against ARS 4-244 is a misdemeanor with a possible jail sentence of no more than 180 days, a fine close to $5,000, or probation for three years.

If the offender is a first-timer, they will likely be given fines, probation, community service, and alcohol treatment.

Besides the above penalties, other penalties that could be imposed include:

Counseling
Restitution
Suspended driving privileges

It is important to note that if driving privileges are suspended, the suspension could be for up to 180 days if it is a first offense.

If there is fear of these penalties being brought up, you need to contact an experienced attorney for representation. This way, your rights are maintained while receiving as minimal a penalty as possible.

Consequences May Affect Your Future

Having a minor in possession charge in Arizona is a permanent part of your record.

Because of that, it may affect applications that you submit for university acceptance, job applications, and many other things that may require a background check.

It is good to be aware that colleges and other entities may have specific regulations and rules governing the use of alcohol.

 

 

Extenuating Circumstances Regarding Minor in Possession of Alcohol Arizona

The minor in possession of alcohol Arizona law recognize extenuating circumstances.

These circumstances involve the use of alcohol prescribed by a doctor or if a person’s religion calls for it.

When alcohol is used for these purposes, the child’s safety and health cannot be jeopardized.

 

 

Courts Overseeing MIP Cases

In Arizona, most cases involving juvenile possession come from Scottsdale, Tempe, and ASU.

When a minor in possession occurs in Scottsdale, the City Court is where the citation is filed. Tempe minor in possession citations is handled through the Tempe Municipal Court.

For Arizona State University, the minor in possession citations are filed through one of two court locations, either the Kyrene Justice Court or the University Lakes Justice Court. These justice courts can be found in Chandler at the San Tan Regional Court Center.

Does a MIP Involve a Jury Trial?

When juvenile possession takes place, there is no jury trial involved.

The case is handled by a judge who oversees the case. Although the maximum amount of jail time could be 180 days, the courts do not warrant that amount of time as being justified for a trial by jury.

 

Frequent Minor in Possession Defenses Used in Court

There are many different defenses against a minor in possession charge.

Below are the most frequently used defenses:

 

A Violation of Constitutional Rights

Because the police are government officials, their conduct must remain reasonable. If not, then a constitutional violation will take place.

When a clear violation is made, then the citation can easily be overturned by a judge and dismissed.

Some examples of violations involve violations of Miranda Rights, no probable cause, statements that are coerced, and detainment.

 

Situations That Are Statutory in Nature

There are a couple of situations where a legitimate use of alcohol is warranted.

These situations include religious and medicinal purposes.

 

No Knowledge of Possession

Having no knowledge of possessing alcohol means there is no criminal intent.

This is where it must be proven that there was knowledge of alcohol.

 

Alcohol Does Not Belong To The Accused

If more than one individual is in the presence of alcohol, then knowing who it belongs to will be difficult.

 

Smelling Alcohol on a Person

When alcohol can be smelled, it does not prove or indicate possession. The smell can only lead to explanations.

 

Confessions

Obtaining a confession is not grounds for a charge of a minor in possession.

This is because there must be evidence to corroborate the fact.

 

Being Present Among Alcohol

When a minor is within an establishment that sells alcohol, it does not mean they are in possession. 

The evidence must be direct and show a person having control of alcohol.