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Minor In Possession

Our office routinely helps people who have been charged with MIP (Minor in Possession) A minor can be charged with MIP for actual possession of an alcoholic beverage or for "possession by consumption." Possession by consumption means a minor who has "a detectable blood alcohol content of .02 percent". Any minor who is caught possessing what appears to be an alcoholic beverage, faces a rebuttable presumption that the liquid contained in the beverage is alcoholic. The burden to prove the contrary is on the accused. A guilty plea on an MIP can result in an Abuse and Lose suspension of your driving privileges. Our office can likely help you avoid such a suspension.


ABUSE AND LOSE

The Missouri Abuse and Lose Law requires Missouri courts to suspend or revoke the driving privileges of any person who is determined to have committed any of the following offenses when they were under 21 years old, upon their plea of guilty, conviction, or finding of guilt.

  • Any alcohol-related traffic offense;
  • Any offense involving the possession or use of alcohol, committed while operating a motor vehicle;
  • Any offense involving the possession or use of a controlled substance;
  • Any offense involving the alteration, modification or misrepresentation of a license to operate a motor vehicle; and
  • You did not receive a suspended imposition of sentence for the offense
  • Any offense involving the possession or use of alcohol for a second time if both offenses were committed when the person was under 18 years of age.

The driver license suspension period for a 1st offense Missouri Abuse and Lose Law violation is 90 days. The driver license revocation period for the 2nd and subsequent Missouri Abuse and Lose Law violations is 1 year. To get the Missouri driver license back when it is suspended or revoked under the Missouri Abuse and Lose law, a SATOP completion form, and $45 reinstatement fee must be sent to Driver License Bureau, P.O. Box 200, Jefferson City, MO 65105-0200, before the suspension or revocation period ends.


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