Alcohol & Drugs: MIP, MIC, Intoxication Mic

[emerica]

I showed up at a party and stayed for about 15 minutes. I hadn't had any alcoholic breverages all night. The parents of the girl that was having the party went out of town. The Round Rock police got a call from one of the girls neighbors saying that we were being too loud. The police showed up and knocked on the door. The girl that lived in the house told no one to answer the door and told everyone to just be quite. The cops waited outside for about 10 minutes and then broke through one of the windows in the house. They said they got in touch with the girls father and he said they could break in. They split us up into two groups,minors and people 17 and older, me being one of them. They brought everyone up one by one and gave them an MIC and an MIP, without giving ANYONE a breathalizer test. When they called me up the police officer asked if i drank tonight, and i said no. He wrote me a ticket for MIC. Then he said i could leave and drive me and my friends home. Is there any way i can fight this, and if so what should i say to the judge when i go to court, im representing myself. Thanks for the help

 

[charlesesq]

I showed up at a party and stayed for about 15 minutes. I hadn't had any alcoholic breverages all night. The parents of the girl that was having the party went out of town. The Round Rock police got a call from one of the girls neighbors saying that we were being too loud. The police showed up and knocked on the door. The girl that lived in the house told no one to answer the door and told everyone to just be quite. The cops waited outside for about 10 minutes and then broke through one of the windows in the house. They said they got in touch with the girls father and he said they could break in. They split us up into two groups,minors and people 17 and older, me being one of them. They brought everyone up one by one and gave them an MIC and an MIP, without giving ANYONE a breathalizer test. When they called me up the police officer asked if i drank tonight, and i said no. He wrote me a ticket for MIC. Then he said i could leave and drive me and my friends home. Is there any way i can fight this, and if so what should i say to the judge when i go to court, im representing myself. Thanks for the help

You will definitely want to look up the law that you were charged with. I'm assuming MIC stands for Minor in Consumption. If I didn't drink I would first state that I didn't get an MIP because I wasn't in possession of alcohol, which is because I wasn't drinking. Second, I wasn't given any breathalyzer or any other test to determine whether I had been drinking or even under the influence. IN FACT, the officer even allowed me to drive home right afterwards! So I ask you, officer, if you seriously believed that I had consumed alcohol, how could you have permitted me to drive home? Your own conduct supports the fact that I had not been drinking that night. If you still want to insist that I had been drinking then you are admitting, under oath, that your conduct was reckless and dangerous to me and to the public in allowing me to drive. Take your pick.

Sounds like a convincing argument to me!