Should I fight an MIP charge?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I fight an MIP charge?
My girlfriend was pulled over while driving my car with me in it. She was asked to step out of the vehicle and blew a .055 as a minor and was thus arrested and charged with a DUI. The officer then had me step out of the passenger seat and told me to blow but I declined, which is my right (is it not?). The officer said my eyes were blood shot (i have allergies) and he said he could smell alcohol on my breath. I told him I hadn’t drank. There was no alcohol in the car and the reason my girlfriend was driving was because my license was suspended from a previous MIP. Do I have a case?
Asked on June 22, 2012 under Criminal Law, Washington
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It really depends on the credibility of all of the witnesses.... the two main ones being yourself and the officer. Without knowing more about the officer, it will be difficult for anyone to give you a complete answer-- but, if the officer has a general rep for not being strait forward (i.e. stretching the facts), then you will have a better chance at fighting this charge. Many people who show up for jury duty tend to believe officers. If you have a pristine officer on the stand, you'll have a hard timing beating this charge. To contest the charges you may have to testify, which could result in the disclosure of many uncomforable facts-- including your prior conviction. Just because you don't agree with the officer will not be enough to effectively fight these charges-- you need someone who has had experience handling this officer so that he can punch holes in his testimony.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.