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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default How to Beat a MIP Charge

    My question involves criminal law for the state of: Oregon

    Hi,

    I just want to know if there is anyway to beat this.

    Last night I got a minor in possession (alcohol). I had 2 drinks, and was walking home when a cop just suddenly stopped to "say hi" as he said when i asked him why he stopped me. The thing is one of the first things he asked me was 'how much have you had to drink tonight' and I said 'not much'. Then told him i hadn't drank anything.

    He asked me why I said not much then, and I told him I just got off work and was tired (which is also true). Then he kept saying he could smell it on my breath. I just kept telling him I hadn't drank anything.

    There was no breathalyser the only thing he did was had me hold my head straight and follow his finger with my eyes. Gave me the ticket and let me go.

    This is my 4th mip, but only the second is this state. I don't know if that makes a difference or not. I plead guilty to the other 3. Is there anyway I can beat this?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Beat a MIP Charge

    I suppose you can go to trial and hope that your testimony is more convincing than the officer's.

    Your lawyer can try convincing the prosecutor that the case is weak; perhaps you'll get lucky.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How to Beat a MIP Charge

    His testimony of the smell of drink on you, the presence of the nystagmus (You do know what he is testing for is not the ability to track his finger?), etc.. is more than enough to convict you without compelling reason as to why these observations are not valid in your case.

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