Alcohol & Drugs: MIP, MIC, Intoxication MIP Consume & Transport Open Container In MV. Help please.

[bballerj2k]

I am 16 years old and was driving with my buddy after leaving a friends house. He got out of the car at a stop sign because of stupidity. I found out later that he was scared because he was in the back of my car with alcohol he had so he wanted to get in the front seat. A cop saw him and wondered whats going on, so he followed us. After about 100 meters he put on his lights and pulled us over. I tried to grab my license out of my wallet but i had another ID behind it so it was hard to get out. He asked me to pull off into an empty parking lot. Then he asked me to step out of the car and asked if i was drinking. I had a small amount to drink. So i said no i wasnt drinking. He asked if theres anything in my car, i said not that i know of. My friend had a bottle of vodka in his things later i found out. He asked again is there anything in your car. I said no. He told me i wasnt going to jail and put me in the back of his cop car. Then he breathalyzed me and said i blew a .026% How is that possible if i didnt even blow into the breathalyzer? He told me blow, blow harder and each time i blew out my nose hard. Then i kept telling him i didnt blow over because ofcourse i knew i didnt blow, but he didnt. Then he said want me to do it again? so i said yes. He did it again i did the same thing blew out my nose twice. Then he said i blew lower but still a .023% He then later told my parent that i had admitted to knowing the container of alcohol was in my car when i had said i didnt know and wasnt aware of it. He also had no reason to pull us over we were driving fine except my friends dumbness of getting out of the car at a stop sign. The alcohol wasnt mine and was in his belongings and he only got an MIP. My MIP is pending. any legal advice would be greatly appreciated. MIP Consumption and "Transport open Index in MV". I am wondering since i didnt blow into the breathalyzer if in court i can fight it for inaccurate reading or falty equipment/broken equipment? is that possible because i didnt blow any air into the tube or breathalyzer only out my nose. Also the alcohol wasnt mine that was found and im getting a "transporting open index in MV" or atleast thats what he wrote down it was hard to read the "index" part i believe thats what it said. Even tho i told him i didnt no it was in there he charged me because my friend lied and said it was mine because he was scared. HOW can i fight this or clear my record please help any feedback would help!!!!!

 

[CdwJava]

Then he asked me to step out of the car and asked if i was drinking. I had a small amount to drink. So i said no i wasnt drinking.

So, since he smelled the alcohol, he instantly knew you were lying.

Then he breathalyzed me and said i blew a .026% How is that possible if i didnt even blow into the breathalyzer?

But you said he "breathlyzed" you. That implies that he held the device to your mouth and you blew. Did you blow into anything?

He told me blow, blow harder and each time i blew out my nose hard. Then i kept telling him i didnt blow over because ofcourse i knew i didnt blow, but he didnt. Then he said want me to do it again so i said yes. He did it again i did the same thing blew out my nose twice. Then he said i blew lower but still a .023%

Fooling the machine doesn't work. Because the device was getting an insufficient sample from your lack of air, the officer likely toggled a switch or button to do what is called a "manual trap" of the air inside. That analyzes the small amount of air you blew inside, but is not quite as accurate as the full blow. There is a good chance that had you blown normally as instructed, the test would have been lower.

Also understand that as a driver under 21, failing to take or complete the test could result in a license suspension. The blowing through your nose trick ain't gonna work.

He also had no reason to pull us over we were driving fine except my friends dumbness of getting out of the car at a stop sign.

So ... no reason for the stop except for the likely infraction the officer observed. At the very least it justified an investigative stop, and then upon contact with you and he smelled the alcohol he had every reason to detain you further.

The alcohol wasnt mine and was in his belongings and he only got an MIP. My MIP is pending help, any legal advice would be greatly appreciated. MIP Consumption and "Transport open Index in MV".

Consult an attorney. Maybe you can plead to the consumption and they might drop the possession as that would be harder to prove than the consumption anyway. It will be very hard to beat the consumption rap unless you can somehow get the detention thrown out ... and given what you wrote, that is not likely to happen unless the officer is very inarticulate and the prosecutor is asleep. But, if you have about three thousand dollars and that is all you got as a defense, you have little to lose by trying.

 

[bballerj2k]

I didnt blow into the breathalyzer at all. he held it up to my mouth and said blow so i blew out my nose hard and had no air into the breathalyzer he told me to blow harder and i did the same thing not blowing any air into the breathalyzer. If i had blown into it im sure i would have blown over what was recorded. The question im trying to figure out is how is it possible to obtain a reading from no air into the breathalyzer. If anything it should of said refusal. Then it would have made sence? Im not sure that i have the money to get an attorney at this point im looking for an expugement to the MIP or drug classes or anything to keep my record clean. What am i looking a for consequences and how do i keep my record clean at this point is it possible.

 

[CdwJava]

I didnt blow into the breathalyzer at all. he held it up to my mouth and said blow so i blew out my nose hard and had no air into the breathalyzer

Almost impossible to do without expelling the air so quickly as to being obvious. I strongly suspect som air escaped into the device.

But if you think you got no air into it, go ahead and testify to that in court. Understand that at that point you will admit to not completing the test and your license will automatically be suspended. The officer will still be able to testify that he smelled the aroma of alcohol on your breath and that he believed you were at or greater than .01 BAC based upon his observations and the ambient air trapped in the machine.

I suspect that such a defense on your part will result only in increased penalties and not aid you in any tangible way.

Im not sure that i have the money to get an attorney at this point im looking for an expugement to the MIP or drug classes or anything to keep my record clean. What am i looking a for consequences and how do i keep my record clean at this point is it possible.

I am not from your state so I am not aware of all the programs, but I strongly suspect that there are diversion programs for underage drinking. An attorney will know about these. The local court or alcohol counseling programs might also have information on these programs.

Note ... it amazes me when people say that they absolutely can NOT have something on their record. Well, the time to think about that is BEFORE you commit the crime, not after! The way to prevent it from being on your record is simply DO NOT DO IT! No crime, no record. Keep that in mind.

 

[bballerj2k]

usualy you can get probabtion or drug classes ive heard many cases of that involving MIP's. Im worried more on what will come of the Transporting open index in MV. Im sure i can testify against it and say i didnt know it was in my car. But how far would that truly get me with the courts. Would it do anything for meh. Id rather have 1 MIP charge then 2 charges and Transporting can get me points on my license

 

[CdwJava]

usualy you can get probabtion or drug classes ive heard many cases of that involving MIP's. Im worried more on what will come of the Transporting open index in MV. Im sure i can testify against it and say i didnt know it was in my car. But how far would that truly get me with the courts. Would it do anything for meh. Id rather have 1 MIP charge then 2 charges and Transporting can get me points on my license

I think there is ample reasonable doubt for the transporting charge - especially if your friend can testify that he had it in the car without your knowledge or permission. The consumption charge, well, unless you can get the stop tossed out somehow (and that is not likely) I suspect your toast on that one, though I am pretty sure diversion is available.

 

[bballerj2k]

So at the arraignment whats the best way to just plead guilty or not guilty because if you plead guilty then its possible to have it stay on your record. If you plead not guilty then you have the possibility of probation and diversion programs.

 

[bballerj2k]

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[bballerj2k]

I think there is ample reasonable doubt for the transporting charge - especially if your friend can testify that he had it in the car without your knowledge or permission. The consumption charge, well, unless you can get the stop tossed out somehow (and that is not likely) I suspect your toast on that one, though I am pretty sure diversion is available.

The stop tossed out?

 

[CdwJava]

So at the arraignment whats the best way to just plead guilty or not guilty because if you plead guilty then its possible to have it stay on your record. If you plead not guilty then you have the possibility of probation and diversion programs.

Your plea at arraignment will have nothing to do with sentencing. If you need time to consult an attorney or arrange a deal, you should consider pleading "not guilty." If you are ready to accept the consequences, then you plead, "Guilty."

I recommend you at least seek a consultation with an attorney.

 

[CdwJava]

The stop tossed out?

Your attorney can TRY to challenge the premise for the detention by making a motion for suppression and arguing that there was insufficient reasonable suspicion (legal cause) for the officer to have detained you. This is not likely to work and will likely cost you a couple thousand in attorney's fees, but if you absolutely have to beat the charge that's probably about the only serious chance you have. No stop would equal no observation of alcohol consumption.

 

[army judge]

OP, have you spoken with your parents about this?

You need to plead not guilty at the arraignment.

Stop trying to be your own lawyer. If you tread down the path you're headed, you'll only make a BAD thing worse!

You need a lawyer. Ask your parents to help get you one. Then, plead not guilty, speak with your lawyer, have your parents present, and follow the advice of your parents and lawyer.

 

[mightymoose]

There is no beating this. As described, the stop and the breathalyzer are valid.
As said, an admission in court that you failed to perform the test as instructed will result in an automatic violation for failure to comply and you will lose your license. The officer wasn't likely fabricating the results- as described, you can't defeat the breathalyzer as simply as you think, it still can detect alcohol even if you are not blowing into it properly.

Due to your age ANY amount of alcohol in your system is illegal. In this case, even without the breathalyzer, the officer's personal observations are likely enough to support the charge.

Lawyer up, plead not guilty, and let your lawyer minimize the damage. You won't get away with this one.