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  1. #1
    Join Date
    Mar 2010
    Posts
    1

    Red face MIP with No Breathalyzer (International Student)

    My question involves criminal law for the state of: Washington

    I am an international student with F1 visa. I was arrested for Minor Exhibiting Alcohol in Public (violation code RCW 66.44.270 2b). The officer forgot to write the time of arrest, he only wrote the date. Also, I was not breathalyzed.

    What exactly happened is that I was walking with some friends when a police officer came to me and asked me.. "How is ur night going?"..'Good".. "how old are you".. i replied "21".. he asked for my ID and realized that im not 21 (19 years old) so he arrested me. I was drunk but i was holding myself i didn't say anything about drinking, I stayed calm the whole time. At the police station, they took my finger prints and a mug shot.

    Is there any way i can get this case dismissed and get it off my record ?

    Your help is greatly appreciated !!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: MIP with No Breathalyzer (International Student)

    Is there any way i can get this case dismissed and get it off my record ?
    I wouldn't count on it, no.

    You admit that you were drunk. You may think you were "holding yourself", but the fact of the matter is that drunk people do show it. Glassy eyes, unsteady gait, and you probably reeked of alcohol - as your body processes it out, the smell of your sweat will change. It's a pretty distinctive stink.

    Consult with an attorney in your area. You're likely to get probation.
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  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: MIP with No Breathalyzer (International Student)

    That is a new one on me. I have never before heard of such a charge.

    If you were arrested, it is a criminal charge. If you can't afford to hire an attorney, ask the court to appoint you one. You should get one. You don't want that crap charge on your record.

    So, their only evidence is the observation of the police officer. You were not driving, you were not causing a disturbance, you were not in possession of alcohol. Did the officer do a field sobriety test?

    Did you make a statement to the police admitting drinking? That would be stupid. If not, you could have been feeling sick and took too much cold medicine. Get a copy of the police report. Also look up the statute and see exactly what the elements of the crime are. The state has to prove all elements of the crime. There is also probably an argument to make about the police needing reasonable suspicion you committed a crime in order to stop you (Terry Stop) and ask for ID.

    That is a bizarre charge. I would bet an attorney could get it dropped, as the state does not have a real solid case. It is incredible they took you to the station and booked you, but didn't do an alcohol test.

    I wonder if anyone has tested the constitutionality of that law?

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