I've heard this story dozens of times: Young man or woman is at a house party in Manhattan, is under 21, and is drinking alcohol. Deciding it's time to walk down the street to another party, fails to toss their beverage and while en route, sees a police officer. Suddenly aware that they're breaking the law, this person throws their drink into the bushes. Cop sees this and makes contact with the minor and at some point, asks the minor to take a preliminary breath test and the minor complies. The minor fails the breath test and is ticketed with a minor in possession.
There's a number of things that could have been different here, mainly, not drinking alcohol if you're a minor. I know this is unrealistic and the number of people under 21 that drink alcohol is unlikely to change. However, if you are a minor and drink it's probably best not to do it on the public streets (or front yards for that matter) of Manhattan, KS. If this is unavoidable, the least you can do is drink out of a container that is not a beer can or a ubiquitous red cup. My final point regarding MIPs in Manhattan, KS is this: You are not required to blow into a preliminary breath test when an officer asks you, UNLESS you are suspected of having driven a vehicle while under the influence.
This means, unless you were driving a car, it's not against the law to refuse to blow.
If you've been ticketed for an MIP in Manhattan, KS, call an Attorney in Manhattan, KS who will give you an honest, candid evaluation of your case to help you make a decision on how to handle your specific legal problem.
*This is not offered as legal advice and each case is different and should be evaluated on a case by case basis. This blog is for information purposes only. Blake Robinson Attorney at Law, Manhattan, KS is responsible for the content of this blog
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