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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Unhappy First Time MIP, San Antonio, Texas

    My question involves criminal law for the state of: Texas

    My best friend just received an MIP tonight and I was really hoping I could get some advice/opinions from anyone who might know what they're talking about.

    Details of Individual:
    My friend is a 19 year old female, who is an honor student at UTSA. She's very responsible and has an absolutely clean record. She's never been the party girl and never have tried any drugs, nor will ever. She's already accepted into Med School and wants to be a Orthodontist. She's also a very responsible RA on campus, and very involved with community services.

    Details of Incident:
    She and 3 other friends were in a truck on their way to a dance club. There were two over-21 males in the front, and another under-age female in the back seat with her. They had alcohol in the car and open containers. As they parked, under cover cops were in the parking lot and apparently 'witnessed' the two girls drinking, although they were in the back seat of a raised truck with tinted windows at night time. Upon questioning, my friend never admitted guilt and insisted she was not consuming any beverages. The cops didn't inquire further, nor did they attempt to gather more proof with a breathalyzer or anything. They ended up giving the two girls MIPs and nothing to the over age guys in the front.

    My thoughts:
    My best friend is scared and shocked out of her mind. She is NOT the type of person who usually does this thing, and she realizes she should have never been in a car with open containers. I was wondering what are the chances of presenting her case to the judge and having this incident completely wiped off her record. She has serious long term goals and really can not afford this black mark on her record.

    I'm sorry if this is a tad lengthy, but her well being is really important to me, and I'll be the first to admit that I'm not exactly sure what her chances are. Any help, advice, or opinions would be greatly appreciated.

    Thanks for reading.

    -tcz

  2. #2
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Post Re: Advice: 1st Time MIP, San Antonio, TX

    Well your friend needs to speak to an attorney. Was this a college town? most college towns are forgiving in the fact pretty much all they want is money so its easier to get dismissed. The charge she is facing is a class c mis. in texas if she is convicted she faces a mandatory 30 day drivers license suspension(if first offense), mandatory public service up to 12 hour (if first offense), a fine i believe ranges from $100-1700 (used to be might need to update those facts) and or 180 days in jail. The judge could give a combination of all. She really needs to seek an attorney to get a better evaluation of her case, he could pull facts out that she wasnt even aware were important. I do believe however under the law she is eligible for a defered program however this to is up to the court.

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