So the situation My friend (actually my real friend not me I am 21) Steve received an MIP. He had 1 beer (twelve ounce budweiser) at dinner (salmon). About an hour later we were headed back to the house. He was driving because it was his car. He was absolutely stone cold sober. He was pulled over initially for not using a turn signal in a right had turn only turn lane and taking the turn "wide" as the officer stated it. We got all the documentation (license insurance etc) the officers first question was you guys been drinking tonight. Of course the answer was "no". Asked steve to exit the car and come talk to him. Took him back to the police car. asked steve if he would submit to breathalyser. (the officer stated he could smell it on his breath.) Steve said yes because general knowledge is the body processes 1 drink per hour. Steve blew a .019. he was handcuffed and put in the police car. He then came back asked me if i had been drinking I stated about an hour and a half ago I had 2 beers. Asked for breathalyser. I said yes I knew i was under .08 by a huge amount. I blew a .02 he said ok hop in the drivers seat and have a good day. I eventually talked the officer out of a DUI for steve (junior in college spotless record). He wrote him ticket for MIP. How can the officer make a determination about the alcohol that was consumed? IE 1 teaspoon of cough syrup will give you a BAC of .01 . Recommended dosage is 1 to 2 tsp. So I mean you could blow a .019 after taking robitussin.
My main questions are is there really anything that steve could do in the court room to 1: either minimize the punishment 2. recourse to get it dismissed 3. with this offense is there possiblility of deferral?
Thanks alot sorry about the length I just wanted to be thorough.
My main questions are is there really anything that steve could do in the court room to 1: either minimize the punishment 2. recourse to get it dismissed 3. with this offense is there possiblility of deferral?
Thanks alot sorry about the length I just wanted to be thorough.
