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  1. #1
    Join Date
    May 2011
    Posts
    3

    Default MIP and Consumption of Alcohol

    My question involves criminal law for the state of: Texas

    On Friday night April 16th we were on the way back home, on the highway a cop turns on his lights and we pull over. The reason we were apparently pulled over is because I wasn't wearing my seat belt (I was in the back seat and it's about 11:30pm). The driver (20 years old) did not have his wallet so he was told to step out. There was about 3 PD officers in Chevy Tahoe's that pulled us over. The cop comes to our side and asks the passenger and me if we had been smoking drugs. We kept saying no. The driver did not give consent to search the vehicle, and we were told to step out. A K9 unit came within a couple of minutes and began circling the car. He began to "bark" on the passenger side and from there they searched the car and found 2 closed beer's in the trunk. No drugs were ever smoked in that car whatsoever. From there the driver and passenger were given an HGN test and both failed to maximum degree, and for me i just stayed there. The cops never gave me a sobriety test at all. I told him earlier in the car to smell my fingers or breath but he ignored me. The passenger and driver were placed under arrest ( The driver is 20 years old and the passenger 19, and I'm 16). One of the officers stated that I "reeked like alcohol" but i had not been drinking at all. And also "He believed I put the hatch down and put the two closed beers in the trunk". He then told me "So you don't feel left out" and placed handcuffs on me. We all get in a Tahoe and go to the PD. From there the driver is taken inside the PD, and they bring a breathalyzer for the passenger. He blew in it twice and both times got 0.00%. Right there he was set free and walked. They didn't give me one and took me to a holding cell. At about 3AM i was able to call my dad and he came to pick me up. Weird thing was the driver was charged with DUI a 500$ fine and had to wait til; Monday to plead not guilty but if he paid there the charge would be dropped to PI and it's still 500$. So he payed and got out that night. I showed up to court last week and they wanted 1000$ for my charges, I tried to get a police report but no help available. I show up today to speak to the judge but I showed up early to get the report, and after forever they finally came out to tell us a police report was never written, and my "report" would be based my ticket. We left and extended my date til next week while we find an attorney. I was the one charged with MIP and it was not my car, and I was never given any sort of test to prove I had drank any alcohol. What are my chances if i get a attorney? I never got charged for not wearing a seat belt which is a 250$ fine in this city. The cop stated to my dad that if he wanted to know any details it would be in the police report which doesn't exist.

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