Alcohol & Drugs: MIP, MIC, Intoxication Mip ticket, second offense, blew 0

[jk1598]

My jurisdiction is: colorado

so i was driving a friend home, when we got pulled over.
I was drinking earlier, and the cop smelled the alcahol. I had waited a while before driving so i knew i was sober, and blew 000 on the pbt. My question is now, what do you believe is a good defense for this? The only reason i got an mip is because i admitted i had drank earlier. oh, i am also 18

 

[raskalnikov]

Wow, sounds like that cop was a hard-ass.

I guess a good defense would be that you were confused, and the officer intimidated you and you confessed to something you didn't do because that's what you thought the officer wanted to hear. Nervous. Etc.

There's a Judge I know that would toss it out with that kind of an explanation. Cops busting people like you, for what you did, serve no good purpose whatsoever.

 

[raskalnikov]

If you can afford it, get an attorney who thinks this will either be dismissed, or reduced to a civil infraction. I don't know the law in your state, but there may be case law that in order to charge someone with an MIP you need visual evidence or a PBT.

Odds are the prosecutor will be annoyed by this as well. Please let us know how this works out.