As a lawyer who defends a lot of college students on charges of MIP, I sometimes wonder how often the police just issue someone a warning rather than writing them a ticket.  Well, we got a little glimpse of this last week when a Daily Evergreen reporter went on a ride along with an officer with the Pullman Police Department.  The Daily Evergreen reporter, Patrick Groves, reported on his evening by twitter.  Groves reported on numerous instances when the police encountered underage drinkers, and simply gave the minors warnings.  It was only when the minors lied about their identity, were argumentative, or uncooperative that they were cited for minor in possession of alcohol.

If the MIP laws are not being consistently enforced, you have to wonder if the drinking age should really be 21 after all.  Granted, it seems like the individuals that Groves chronicled were being truly disruptive. Groves didn’t report any favoritism on the part of the police. However, police may not conduct themselves the same way when they have a reporter riding in the back seat.  One complaint that I often hear from parents on MIP cases is that their son or daughter was being singled out or picked on.  An MIP charge on a student’s record can often appear on background checks when someone is applying for a job.

Officers often use discretion as to whom they cite for MIP.

Even different officers on the same police force can have different policies on underage drinking. Drinking is so prevalent among college students that it seems like judges aren’t quite sure what to do with the cases when they come to court. If a case goes to a jury trial, jurors are often flabbergasted that a case like that would actually be brought to trial. An odd thing about Washington law, is that it is actually more serious for a minor to be caught with alcohol then with marijuana. Possessing alcohol is a gross misdemeanor (punishable by up to 364 days in jail) but possessing marijuana is just a misdemeanor (punishable up to 90 days jail).

Another interesting thing about Groves’ night was the frequency that the Pullman police had to deal with individuals urinating in public. Under Pullman city code section 5.50.010 the first offense is an infraction, and the second offense is a misdemeanor. I can’t imagine that a conviction for urinating in public would look very good on someone’s record.

Visit our other posts on MIP and marijuana.

What do you think about the police enforcement of these laws in Pullman?  Post your comments below.