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Okay, so I feel I wrongly got issued an MIP. I had already left a party and was about to get into my car when three officers drove up to my friend and I and asked us our ages. We are both twenty, so we told them and then they began to give us the little sobriety test. I had not been drinking and she drank a little. As one cop was talking to my friend, the other cop got into my car and began looking around (which I don't think was legal). He then did the test on me and said I was fine. Well, I got issued an MIP anyway because there was an empty bottle behind my car that someone had left there and I moved it.

If I contest this, do you think I will win???

2006-09-03 19:19:33 · 16 answers · asked by rockthepipeline 2 in Politics & Government Law Enforcement & Police

Also, I'm from Texas.

2006-09-03 19:20:17 · update #1

...they also gave my friend an MIP, even though neither one of us had anything technically in our possession. Shouldn't she have gotten an MIC (minor in consumption)

2006-09-03 19:27:27 · update #2

Lemme reiterate, the bottle was outside of my car in the street. It wasn't in my car, but I got an MIP because I got it out of the way. There were no containers in my car or in either mine or my friend's possession.

2006-09-03 20:32:44 · update #3

16 answers

If you've got a good lawyer maybe. Otherwise Its doubtful. Even though the cop illegally searched your car he will say that he had probable cause with the bottle behind the car. Even though it was not yours you will have to prove that it wasn't., despite what our constitutional rights state. A good lawyer will argue that there is no cause to believe that it was, but on your own you will not get them to believe it.

2006-09-03 19:31:18 · answer #1 · answered by firedup 6 · 0 0

Well, the Aussies as is their wont will play hard, that's not open to discussion! A few players play may still call the cards or the shots like Clarke, Chris Rogers (Surprise), Faulkner, Haddin, Pattinson, Siddle, Lyon & Doherty. At times England could be very vulnerable to the colorful Aussie side but that's it, I worry a lot about the Aussie batting, a strength for a long time now. The bowling was always promising, a nice crop of fast bowlers being available like Jackson Bird, Hastings, Kane Richardson all with some good pace & movement. However, the promising batters haven't come through, Khwaja not in favor, Cowan promising but not entirely reliable, Warner only known for pulling the rabbit out of the hat & Maxwell untested at this level. Yea, England surely are the outright favorites, its only a matter of time whether the Aussies capitulate in the first test or not! That will send shivers down their necks & if they're down 3-0, then the Ashes urn comes back to old blighty

2016-03-26 21:26:15 · answer #2 · answered by ? 4 · 0 0

You should win if you have at least a half-asssed attorney. You can prove you were not drinking and therefore had not used the empty bottle. The cop was a real jerk. Contest it. Plead not guilty and make them take you to trial. They will probably drop the charges when they see you want a trial and are not going to roll over for them.
c

2006-09-03 19:26:03 · answer #3 · answered by joker_32605 7 · 0 1

They have you because of the open container in your car the police don't care who's bottle ( they heard that one before ) In fact I used the same story when I was younger your best bet is to plead no contest and pay the consequences

2006-09-03 19:33:21 · answer #4 · answered by pitabill 1 · 1 0

You wont win.
If it was your car, and there was a beer in the car, regardless of who's it was, your in possession. Because you were both in the car, you're both in possession.
If you fight it, you will most likely lose, and then have to pay all the court costs. So, you actually lose twice.

2006-09-03 19:55:28 · answer #5 · answered by JAG 2 · 1 0

If you were caught with the goods, you will only make your life harder if you contest it. The Judge would rather see you admit you were in the wrong and that you will not do such a thing again.

2006-09-03 19:25:06 · answer #6 · answered by speakeasy 6 · 0 0

Not likely. The court will favor the police officer's report and will believe him and any witnesses they have over you, and you will most likely lose the case.

2006-09-03 20:04:02 · answer #7 · answered by brendalyn 3 · 0 0

I would definitely contest this. It would be a good idea to get an attorney.

2006-09-09 08:13:18 · answer #8 · answered by ValleyViolet 6 · 0 0

incidental to the traffic stop beer can in plain sight gives the officer authority to search sorry serves you right

2006-09-08 18:33:24 · answer #9 · answered by aldo 6 · 1 0

Nope I believe your wasting your time. For you to get that, the officer had cause. He believed at that time you were in the wrong.

2006-09-08 08:59:28 · answer #10 · answered by nbr660 6 · 1 0

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