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Wednesday, January 19, 2011

New Utah Minor in Possession (MIP) of Alcohal laws will suspend a minors license even though they were not in a car.

Utah's new MIP laws will suspend a minor's license for one year even though the alleged possession occurred completely away from any vehicle.  Many unsuspecting young adult minors have been entering court rooms around the State entering guilty pleas to MIP citations, not realizing that the State of Utah will automatically suspend the minor's license.  Many have fallen into this trap because the actual crminal judge does not take the minor's license, but instead the Drivers Lecense Division does, even though the judge never told the minor about the consequesces to entering a guilty plea to an MIP.  As stated below, the new Utah law clearly will suspend a minors license for any violation of 32A-12-209.  This would include a minor who recieves a ticket for sipping a bear at a party in someones private residence.

32A-12-209. Unlawful purchase, possession, consumption by minors -- Measurable amounts in body.
(1) Unless specifically authorized by this title, it is unlawful for a minor to:
(a) purchase an alcoholic beverage or product;
(b) attempt to purchase an alcoholic beverage or product;
(c) solicit another person to purchase an alcoholic beverage or product;
(d) possess an alcoholic beverage or product;
(e) consume an alcoholic beverage or product; or
(f) have measurable blood, breath, or urine alcohol concentration in the minor's body.

...(4) If a minor is found by a court to have violated this section and the violation is the minor's second or subsequent violation of this section, the court:
(a) shall order the minor to participate in an educational series as defined in Section 41-6a-501; and
(b) may order the minor to participate in a screening as defined in Section 41-6a-501.
(5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated this section, except as provided in Section 32A-12-223, the court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.  (the division shall: (A) impose a suspension for a period of one year;)

Before you plead guilty please call for a free consultaion.  Often times I will be able to structure a plea agreement that will keep the MIPoff of the minor's record and preserve the minor's drivers license.

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