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  1. #1
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    Jan 2015
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    Default Can You Be Charged With MIP With No Breathalyzer Test

    My question involves criminal law for the state of: Colorado

    I was walking home very late after a number of beers. I was alone and very far from home, so in that current state of mind I decided to jog. I was stopped by a police officer because I was jogging and that seemed suspicious. I asked to leave and he said I couldn't because I was obviously drunk. He pressed me for a bit and I mentioned that I had been drinking a little on the hill. He took my ID and found that I was underage - I'm 19. There was no breathalyzer test and no ticket cited during the interaction.
    This is because the officer told me that if I gave him the name of a drug dealer he would let me go. I said I was at a party, but that doesn't mean I knew any drug dealers. He said that he would let me go if I took his card and emailed him the name of a drug dealer later, or he'd give me an MIP sometime in the week.
    Is this possible? Considering I did not have alcohol in my possession and was not breathalyzed, I feel like he was just trying to scare me.
    How should I go about this? I have no proof that he won't just give me an MIP (if he can) regardless of whether or not I tell him some poor kids room number.
    I also find the idea of throwing someone under the bus to save my dumb ass wrong.

  2. #2
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    Sep 2010
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    Default Re: Can I Get an MIP Three Days After the Fact with No Breathalyzer

    The answer is YES.
    Your own admission is all it takes to convict you.

    Guess what. You don't have the right in court to not "throw someone under the bus." The right to not testify only applies to yourself, not to other criminals.

  3. #3
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    Jan 2015
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    Default Re: Can I Get an MIP Three Days After the Fact with No Breathalyzer

    I am not being asked to testify, the officer just asked me to give him a lead in exchange for not getting an MIP.

  4. #4
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    Default Re: Can I Get an MIP Three Days After the Fact with No Breathalyzer

    Quote Quoting splotts
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    I am not being asked to testify, the officer just asked me to give him a lead in exchange for not getting an MIP.
    Well, since you're guilty as hell to begin with, you can decide whether to man up and take your punishment for your criminal behavior or to mitigate the situation by stopping others from breaking the law and enticing others to do so.

    Does that sound better?

  5. #5
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    Jan 2015
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    Default Re: Can I Get an MIP Three Days After the Fact with No Breathalyzer

    I have gained nothing from either of your posts. Could you please answer my question regarding the legality of getting an MIP after the fact, or how I should handle the situation of being manipulated to divulge a random drug dealer's information based off the fact that I was drunk at a party? How can I be assured he won't just turn around and cite me anyway?

  6. #6
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    Sep 2010
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    Default Re: Can I Get an MIP Three Days After the Fact with No Breathalyzer

    I told you in my first response. Your intoxicated behavior and your own admissions are each enough to convict you on MIP. They have a year to bring charges against you. Contrary to what your alcohol-addled brain learned from watching cop shows on TV, a criminal prosecution doesn't need to be commenced with an arrest and reading of the rights. If they know who and where you are, they can take their time getting the paperwork done to charge you. Yes, they can sit on that hoping you will lead them to other criminals.

  7. #7
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    Oct 2006
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    15,906

    Default Re: Can I Get an MIP Three Days After the Fact with No Breathalyzer

    Quote Quoting flyingron
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    I told you in my first response. Your intoxicated behavior and your own admissions are each enough to convict you on MIP. They have a year to bring charges against you. Contrary to what your alcohol-addled brain learned from watching cop shows on TV, a criminal prosecution doesn't need to be commenced with an arrest and reading of the rights. If they know who and where you are, they can take their time getting the paperwork done to charge you. Yes, they can sit on that hoping you will lead them to other criminals.
    However, if you do not actually KNOW of any particular drug dealer, you should NOT accuse someone based on rumor or third hand accounts.

  8. #8
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    Sep 2005
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    Default Re: Can I Get an MIP Three Days After the Fact with No Breathalyzer

    Quote Quoting splotts
    View Post
    I have gained nothing from either of your posts. Could you please answer my question regarding the legality of getting an MIP after the fact, or how I should handle the situation of being manipulated to divulge a random drug dealer's information based off the fact that I was drunk at a party? How can I be assured he won't just turn around and cite me anyway?
    Yes. You CAN be charged with an MIP after the fact provided the officer can show that you were in possession. If you smelled of alcohol and admitted to being at a party where you were drinking, that might be sufficient for a state or local ordinance violation. And he has until the statute of limitations expires in order to charge you. His claim may be a bluff ... but, it may not be. And, a conviction for an MIP might result in a license suspension (though I am not certain if that is the case in your state).

    You can choose to dime off a drug dealer, or not. It's your call. The fact that you do not deny knowing any drug dealers says volumes on that subject ...

    If I had to guess, I would say that he will not be citing you for the MIP ... but, he can, even if I wouldn't.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
    Join Date
    Nov 2007
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    1,419

    Default Re: Can I Get an MIP Three Days After the Fact with No Breathalyzer

    Your probably good,him giving you a mip ticket is not on the top of his priority list. He might fill out the paper work and mail you it to your house.

  10. #10
    Join Date
    Sep 2005
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    Default Re: Can I Get an MIP Three Days After the Fact with No Breathalyzer

    Quote Quoting splotts
    View Post
    He pressed me for a bit and I mentioned that I had been drinking a little on the hill.
    Quote Quoting splotts
    View Post
    I am not being asked to testify, the officer just asked me to give him a lead in exchange for not getting an MIP.
    The officer can testify about admissions that you made to him and, as cdwjava indicates, the officer's observations will also support the charge.

    It's possible that nothing is going to happen.

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