MONDAY,AUG.20,2001
OFFTHEHILL
THE UNIVERSITY DAILY KANSAN 3D
In possession of penalties
Minors caught with alcohol face consequences
By Julie Carter
Kansan staff writer
Ryan Halsted walks through the door into a crowded bar. He doesn't have to wait in line. He glances around the room, watching for telltale signs of someone who isn't supposed to be there.
Some of the bar goers don't mind that Halsted, a uniformed Lawrence police officer, is there, but others get nervous.
"I know when I walk in I will probably ruin someone's night. But I am just doing my job," Halsted said.
Some people don't react when they see an officer, but others make it obvious they are not of legal drinking age.
Probable cause to give a citation for minor in possession includes several criteria. The Kansas Supreme Court made a recent ruling that simply looking underage is enough to ask for identification.
"Just like a crime, I have to have probable cause to give an MIP" he said.
"Some people just draw attention to themselves. They will put their drink down and push it away from them. It's like the beer becomes poison when they see us," Halsted said. "The real problem is when underage drinking turns to drunk drivers or fighting. We have to look out for those things."
Mike Flanagan, Overland Park senior, was surrounded by friends at a Lawrence house party two winters ago when a police officer entered. Flanagan was only 20.
"I was scared because I knew he was coming right for me," Flanagan said. "I was the tall guy with a red hat. I must have stood out."
Even though all of Flanagan's friends were also underage, the
officer asked only for Flanagan's ID. Out of the 50 people at the party, Flanagan received the only MIP.
Any of several factors could bring police officers to a bar, party or event where alcohol and underage drinkers might mix, said Stg. Mark Warren.
A concerned neighbor or regular patrons at a bar may see an increase of underage drinking and notify police. Police also do random bar checks.
When officers approach someone they suspect is drinking illegally in a bar or at a party, an officer first will ask to see an ID.
"It's just not a good idea to give a fake ID to an officer. We will know if it's not you," Halsted said. "You can be charged with obstruction of justice. If you are underage and in a bar that is 21 and over, chances are you had to use a fake ID to get in. We realize that."
When someone is cited for an MIP, there are two ways to handle it legally. More than half of the 300 minors who are cited for drinking each year choose diversion.
The offender will receive a ticket that must be signed as a promise to appear in court, Warren said.
Diversion is available for those with no criminal record who are willing to meet with the conditions, said Christine Tonkovich, Douglas County district attorney.
"Usually, somebody who comes in with a Minor in Possession charge, this is the first thing they have been charged with," Tonkovich said. "It is a Class C misdemeanor, which is the lowest level of misdemeanors."
When diversion is completed, the offender's record will show that the offender went through the program, and the case was dismissed.
Most people on diversion do complete the six-month program, Tonkovich said.
accepted into diversion. If you plead guilty or are not accepted for diversion, you are convicted," Tonkovich said.
"You are never actually found guilty of a crime if you are
If the offender is convicted of drinking underage, there are more serious consequences.
A judge can impose 30 days of jail time, and as of July 1 of this year, anyone convicted will have his driver's license suspended for 30 days and restricted for 60, said Vicki Stanwix, Lawrence Municipal Court manager.
Darren Finnigan, Olathe senior, has been cited for underage drinking four times.
The only MIP for which he was eligible for diversion was his first. When he arrived at a field party, he was not greeted by friends having a good time. He was welcomed by an officer with a flashlight and lots of questions.
Finnigan was ticketed for underage drinking three times a few summers ago, including twice in one week.
"I was hoping I could get away with it. At first I told him there wasn't anything in my trunk, but he didn't believe me," Finnigan said.
Finnigan paid the fines and went to the alcohol-education classes required to complete his diversion.
He did have something hidden in the trunk — beer.
"It it was a monetary punishment more than anything else," Finnigan said.
Twice that summer, police arrived at parties Finnigan had thrown. The officer took the kegs of beer and fake IDs Finnigan used to buy the alcohol and left him with more MIP citations.
The final citation came two years later at a liquor store.
"An undercover police officer was watching me. He saw me put the beer in my car and then followed me." Finnigan said.
For each MIP after his first, he was convicted and required to pay fines up to $500.
Having false identification is
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