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MIP - Colorado

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JSomma

Junior Member
What is the name of your state? Colorado

Basically, my 20 11/12 year old son was charged with a Minor in Possession the other night. We're trying to figure out his options. Unfortunately, he has had a previous DWAI and may be assumed to be guilty.

In brief, he was first assaulted by several people. In the process, he received a concussion and broken wrist (we found this out the next day). His car keys and other items in his pocket were also taken, but he did not immediately realize this. The officer did place one person under arrest and then took my son to where he had left his truck so that he could drive home. Once he was at the parking lot, he realized that his truck was now gone! He again called 911, and a second officer showed up. He smelled the alcohol on my son and assumed that he was drunk. He did not conduct a roadside test, nor any breathalyzer test. My son, now furious, told the officer that he had been assaulted (which was were the smell was coming from on his clothes) and that he had only one beer many hours earlier in the day. The officer gave him a ticket for Minor in Possession and refused to file a stolen vehicle report (claimed that my son was drunk and just forgot where he parked).

On the way home, we spotted the truck, heading in the opposite direction. We followed it, got the guy stopped at a parking lot, and got the truck keys back (thankfully I had my great dane in my car ... his bark is much worse than his bite and can scare most people!). So now we have the truck back, my son's wrist needs to be operated on, and he has this ticket for an MIP.

ADVICE???
 


seniorjudge

Senior Member
JSomma said:
What is the name of your state? Colorado

Basically, my 20 11/12 year old son was charged with a Minor in Possession the other night. We're trying to figure out his options. Unfortunately, he has had a previous DWAI and may be assumed to be guilty.

In brief, he was first assaulted by several people. In the process, he received a concussion and broken wrist (we found this out the next day). His car keys and other items in his pocket were also taken, but he did not immediately realize this. The officer did place one person under arrest and then took my son to where he had left his truck so that he could drive home. Once he was at the parking lot, he realized that his truck was now gone! He again called 911, and a second officer showed up. He smelled the alcohol on my son and assumed that he was drunk. He did not conduct a roadside test, nor any breathalyzer test. My son, now furious, told the officer that he had been assaulted (which was were the smell was coming from on his clothes) and that he had only one beer many hours earlier in the day. The officer gave him a ticket for Minor in Possession and refused to file a stolen vehicle report (claimed that my son was drunk and just forgot where he parked).

On the way home, we spotted the truck, heading in the opposite direction. We followed it, got the guy stopped at a parking lot, and got the truck keys back (thankfully I had my great dane in my car ... his bark is much worse than his bite and can scare most people!). So now we have the truck back, my son's wrist needs to be operated on, and he has this ticket for an MIP.

ADVICE???
Q: ADVICE???

A: Your son needs to start going to Alcoholics Anonymous since alcohol is causing him severe problems.
 

JSomma

Junior Member
I agree that AA is a great program. Funny thing is that the lady who's apartment he was at was from the AA meeting. Ridiculous, I know.

Actually, he's been in a great 12 step program (Cornerstone) and also going to AA. Sometimes he just has to hit a bottom. But can they do a charge for MIP based on smell only? And why did the first police officer drop him off at his car to drive home if he was allegedly intoxicated. Doesn't make sense to me at all.
 

JSomma

Junior Member
Yes, he did admit to having one beer about 12 hours earlier in the day. The odor was from being struck on the head with a bottle of liquor. The charge was based on odor alone.
 

The Occultist

Senior Member
Well perhaps you can get this thrown out by providing a police report acknowledging that he already smelled of alcohol and that it was from the fight.
 

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