If I’m 17 and recieve a minor in possession, what will happen?

I wasn’t driving just in my car. I live in MO.

Asked on November 28, 2011 under Criminal Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In MO, under the MIP law, any minor (16-20 years old) who pleads guilty to or is convicted of MIP will have his or her driver license suspended for 30 days for the 1st offense, 90 days for the 2nd offense and revoked for a year for the 3rd or any subsequent offense. This is true whether or not they were driving at the time of the offense.

Fortunately, in certain cases the law allows a minor who has pleaded guilty or found guilty of MIP for the first time to obtain an Court ordered "expungement" of all official records of their arrest, plea, trial and conviction (i.e. the removal of all official records relating to the MIP). The effect of an expungement is to restore a person's legal status to what they had before the arrest, as if the MIP never happened. After an expungement is ordered, the person need never acknowledge the MIP arrest for employment or other purposes (student loans, renting an apartment, etc). 

All this having been said, there are defenses that may be able to be made in your case that could result in the charge being dropped. You should consult with a DUI attorney. They can best advise you as to all of this.


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