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Got an MIP...Can I get off this?

tkepongo

tkepongo

macrumors regular
Original poster
Jul 31, 2007
102
0
Oregon State University
I got an MIP the other night and the officer didn't give me a breathalyzer or sobriety test. He asked if I was drinking earlier and I said "yes" because I had two or three beers at my friend's parent's tailgater (7 hours before the incident). I was sober at the time, and he just gave me a MIP. Can I get off this case?
 
tkepongo said:
I got an MIP the other night and the officer didn't give me a breathalyzer or sobriety test. He asked if I was drinking earlier and I said "yes" because I had two or three beers at my friend's parent's tailgater (7 hours before the incident). I was sober at the time, and he just gave me a MIP. Can I get off this case?
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Why would you want to get rid of something that you deserved? You where caught with alcohol in your blood and you admitted it, what's the problem?
 
ORS 471.430 Minor in possession of alcohol:
When minors are in possession of alcohol, they are either holding the alcohol, have
consumed the alcohol, or attempted to purchase.
Click to expand...


It sounds like since you admitted to drinking, you would fall under "have consumed the alcohol." The moral of the story is don't answer any potentially damning questions.

Source
 
I know a decent number of guys who've gotten MIPs...normally it's not much to worry about, a fine and it can be dropped from your record in a while.
 
if you admit it, why would the officer proceed to give a breatalizer test?


sorry but i think youre out of luck. its never wise to admit to ANYTHING to the cop as if it gets taken to court, they have record of you admitting to the deed

as much as it sucks, you did break the law so just man up to it
 
as a criminal justice student, I can tell you your biggest mistake was admitting that you had drank. Don't ever confess to anything, not even speeding....it will get you slammed every time. get a lawyer if you want to fight it, if not take your alcohol classes, and do your community service, and dont get caught drinking!!!!
 
oh man 7 hours ago! and saying yes. no offense but your stuck. that was the worst answer you could have given!
 
dukebound85 said:
if you admit it, why would the officer proceed to give a breatalizer test?


sorry but i think youre out of luck. its never wise to admit to ANYTHING to the cop as if it gets taken to court, they have record of you admitting to the deed

as much as it sucks, you did break the law so just man up to it
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Agreed. You admitted to the cop you drank, so I wouldn't recommend trying to fight this. Just pay the fine and move on with your life.
 
ucfgrad93 said:
Agreed. You admitted to the cop you drank, so I wouldn't recommend trying to fight this. Just pay the fine and move on with your life.
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(Types MIP in google) Oh here we are, Minor In Possesion? I always thought of it as PAULA. Anyway, I merely would have said "no" to the officer's Question. 7 hours is a very long amount of time. Enough to sober up in my case. Certainly you should have been allowed to prove your innocence via A Field Sobriety Test and/or Breathalyzer, Hell my school Breathalyze's students randomly during the school day or a school dance.
 
Yeah, you're pretty much stuck. Never ever admit guilt or fault without contacting an attorney. Its not really that big of a deal, just pay the fines and such and go on your way. You can probably have it expunged in a few years.
 
It's a good thing you weren't in California. A person I know from the building where I work just had her license revoked for the very same thing. Underage (two days before her 21st birthday), got pulled over, was legally well under the limit (.03) - but apparently it's considered the same as a DUI under California law. She didn't even admit she was drinking - the officer just gave her the sobriety test.

Her job required a driver's license, and she subsequently was fired. Bummer. :(
 
benflick said:
5th Amendment
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I suppose the 5th applies, but in reality he probably just could have said no he hadn't been drinking, seeing as how it was 7 hours ago. "Have you been drinking" is a pretty standard question here in CA, its asked when tickets are given and when accidents occur fairly often. Invoking the 5th when you're pulled over is slightly suspect and will likely lead to a nice search of your vehicle, breathalyzer test, etc.
 
You made a very VERY stupid mistake. You admitted that you where drinking. The correct answer is no or not that I know of. Never admit anything because they can nail you for that.

2 drinks 7 hours before hand would of put a breathilizer at 0.00 for you.
 
Though I suppose whether it would hold up in court would depend on the OP's age. Since the officer did not give a sobriety test to back up his side then if the OP is under 18 and the OP's parents did not authorize questioning I don't think it would hold up if fought in court.

Also I don't think admission of a crime without any evidence of a crime having ever been committed is punishable either. Like if you go in and admit to murder but there is no evidence that a murder has ever been committed you will not simply get a life sentence. If you tell an officer you were speeding but the officer never saw you speeding nor was there any evidence of you having sped then you are not given a ticket.

Honestly I would fight this. Even if you are over 18 there was no sobriety test therefore no evidence of a crime being committed. As far as the officer knows you could have been lying and never actually drank anything. If under 18 any admission of guilt is not admissible without the supervision of a parent or legal guardian, as a minor can not give legally binding consent, sign contracts etc...

As for the thought of you do the crime you do the time. I don't agree that the government has a right to place the limits it has on alcohol. Just because something is legal or illegal does not make a law just. Separate but equal use to be legal and that was wrong. Though the OP's case is not so extreme; the OP's right to chose to drink is being infringed. By simply drinking the OP is not directly causing physical or financial harm to others therefore I see no reason why the OP should stand idly by and accept punishment for an unjust law.
 
Not looking good for you man....

Admitting guilt is key. I got a MIP in college and requested a breathalyzer and blood test but the officer wouldn't do so. He simply gave everyone an MIP at the party. I went to my court date and easily got out of it. But if you admitted....different story.

You could check to see if your state has MIP by possession or MIP by consumption laws, or both. If they only have possession laws then you have a chance.
 
RamblinWreck said:
Not looking good for you man....

Admitting guilt is key. I got a MIP in college and requested a breathalyzer and blood test but the officer wouldn't do so. He simply gave everyone an MIP at the party. I went to my court date and easily got out of it. But if you admitted....different story.

You could check to see if your state has MIP by possession or MIP by consumption laws, or both. If they only have possession laws then you have a chance.
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Oh MIP is different than a Minor in consuption.

the the guy i quoted just being at a party they busted up can be enough to nail you with a MIP.

You do not have to drink anything to get an MIP. Just having a beer in your hand is enough to get hit with an MIP. MIP is a much smaller offense than drinking it
 
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