Legal Question in DUI Law in Nebraska

How can I fight my MIP (Minor in Possession of Alcohol)?

Can I fight my MIP? A party I was at got busted and the police let someone who is in the military go even though he was drinking. He even blew way high than I did with the Breathalizer.


Asked on 6/12/02, 1:06 am

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: How can I fight my MIP (Minor in Possession of Alcohol)?

It is very difficult to fight a charge based on what happened or didn't happen to someone else. You do not mention where the party took place. If it occurred on a military reservation, then military law will apply, and I cannot answer those questions.

A minor in Nebraska may possess alcohol in his/her home, but nowhere else. If you are underage and not in your home, and in possession of alcohol, you are violating the law. There may be a means of excluding the evidence based on the legality of the search/entry into the party, but this will depend on the circumstances surrounding the police's entry into the party. Frequently, the police are admitted into the premises by someone who agrees to the entry/search, and thus there is no basis for excluding the evidence. You need to talk to an attorney, giving them all the details before you can know whether there is a chance of excluding the evidence.

Good luck

Bill Jones

Read more
Answered on 6/12/02, 12:40 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Nebraska