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Nebraska MIP/MIC Nebraska

On Lawyer & Legal » criminal law & procedure

2,249 words with 2 Comments; publish: Wed, 14 Feb 2007 17:17:00 GMT; (80062.50, « »)

My 18 year old son recently was ticketed for minor in consumption. He is a senior in high school and still lives with his parents so we accompanied him to court. Upon arriving we discovered he was being charged as an adult so we requested a public defender and will go to court on another date. I guess my first question is how can he be considered both an adult and a minor for the same offense? My next question is what kind of penalties are we looking at? This is his first offense for anything other than driving after curfew when he was 16.

One other thing I need to add is it is stated on the ticket that my son was a passenger in a vehicle at the time of the incident. The vehicle described on the ticket belongs to a friend of my son's and he had been in that vehicle earlier in the day but not at the time the ticket was issued. He was in fact at another friend's house, in the house, when the parents arrived home and noticed their kid had been drinking. They called the police to teach the kids a "lesson", I guess. At this time the boys were given breath tests because no alcohol was present. My son blew a .08 . I know this is long but I wanted to make sure I got in all the details. Thanks for any advice or answers. :o

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    • I still want to know how he can be a minor and an adult at the same time? Also, we finally got the letter from the public defender but it's the weekend now and I can't call him back till monday. According to the letter my son is charged with MIP, not MIC. I understand it's basically the same thing but there was no alcohol found with the kids. I probably just sound like a parent trying to get my kid off the hook but that isn't the case. We live in a small town of about 1,000 people and that cop made my spouse go out driving around in the middle of the night looking for the alcohol that the kid's ditched. We live in the middle of a corn field for God's sake.
      #1; Fri, 23 Feb 2007 20:28:00 GMT
    • Because he is in that wonderful middle ground when the age of majority and the age of consumption are not the same.

      He is a legal adult because he is 18. He can enter contracts, he can live on his own without parental permission, and can vote.

      However, he is not old enough (minor) to drink. For that, he must be 21.

      #2; Sat, 24 Feb 2007 04:28:00 GMT