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MIP/MIC And Already On Probation...HELP!

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S

SeanMcC

Guest
What is the name of your state? Washington.

I am a 19 and on probation. I was just recently charged with an MIP/MIC. My court date is July 12, 2004. The situation is as follows:

My cousin and I had just parked the car in a legal parking spot, he was driving. We both got out of the car and because we had been drinking we had to urinate. I began to urinate from the sidewalk into some bushes, as I was doing this, a cop drove by and continued on his way. He drove to the end of the street and then pulled a U-turn and began coming back. Before he got back I took the beer that I had in my pockets and put it in the car infront of the passenger seat (were I had been sitting, but the cop didn't see me in the car.) He crept up very slowly and stopped then got out of the car. My cousin was on crutches and began crutching away. He was later found. Before the cop had returned though, I had finished relieving myself. The cop approached me and noticed a beer on the ground by my feet (I had dropped it). He asked "is that a beer" and I replied "yes". My license was taken and then the cop lectured me because it was suspended and I still had it. I'm suppose to physically surrender it to the DOL or something. After he called in all my stuff, he then asked me if there were anymore beers in the car. I identified the ones that I had put there (4, but never related them to me, I just knew where they were). He took pictures of all the beer and then wrote me a citation for an MIP/MIC, and then let me walk away.

My question is this, because he didn't ask if any of the beer was mine, didn't breathalyze me, made me do no sobriety tests, didn't in any way indicate TO ME that he thought I was at all intoxicated or had been drinking, and because the beer was in the car and not on me and I wasn't in the car (except for the one beer on the ground), can I fight it? Maybe have the charge lowered? Should I call the cop to my court date? Any advice would be much appreciated. Thank you. P.S. My mom is on chemo therapy (so I have to be around to help her) and I'm in Drug Treatment for my DUI, can I use those in court to get sympathy?
 


T

TalulaRae

Guest
Who was caring for your mother that night?? Whoever it was, I'd call them and make arrangements for full time care or see if she has insurance coverage for a nurse. Try not to make any stops on your way to court just understand that if ALL GOES AS IT SHOULD (in my biased opinion) your dumb ass will be planted on the filthy ground of a 6 man cell with the number 7 on your wrist. Tell your sad chemo story to the new friends you'll have. Before your big day arrives you might want to call your sponser, if that even applies, or go to a meeting and share what you've shared with us. I bet they will all be filled with sadness at your plight. I'm getting tears in my own eyes just thinking of the day you get what you deserve. I think that's all everyone should get. Just what we put into the pot. You know...the one you...
pissed in!!!???

When you go to jail, your mom might just have a miraculous recovery. Or atleast a break from the other cancer in her life. That would be you.
 

CdwJava

Senior Member
Your DUI counseling won't get you sympathy, it'll just tell the court that it ain't working. The issue with your mother would only have some effect if you were her sole means of getting to her treatment ... and then, there are ALWAYS alternatives to your helping her get there.

As for the rest of it, the officer does not have to show your ownership of the beer only that you had dominion and control over it (i.e. it was within reach). And since you were the only one apparently present, that left you holding the proverbial six-pack.

You need some more counseling ... quick. You are fast on your way to becoming a lush ... that is, if you are not already there.

Good luck.

Carl
 
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SeanMcC

Guest
Well, Thanks.

I know I messed up. I appreciate your opinions. I will let you know how it goes down after the 12th. One other thing, if I were to offer to do a controlled buy to clear the MIP/MIC, could that be done. I can do it, and I would to save my ass. It may sound wrong or unethical, but when your in my possision, it doesn't sound like too bad of an idea. :(
Another note, since the beer was in the car, can i claim it wasn't mine and the driver get stuck with it?
 
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CdwJava

Senior Member
Whether a controlled buy will help or not depends on a whole lot of other factors that we cannot assess here - including age, laws in your jurisdiction, and the needs of the local law enforcement agencies. My guess is this won't be an option, but you never know.

As for the beer in the car, chances are they won't pin it on the driver as he wasn't there - you were. They MIGHT try to use it against him, but it would be harder to make it stick.

Carl
 
S

SeanMcC

Guest
One last thing....

How about a deferral, would that be a possible option. And if i did it, and got a deferral, would that still affect my probation?
 

Shay-Pari'e

Senior Member
SeanMcC said:
What is the name of your state? Washington.

I am a 19 and on probation. I was just recently charged with an MIP/MIC. My court date is July 12, 2004. The situation is as follows:

My cousin and I had just parked the car in a legal parking spot, he was driving. We both got out of the car and because we had been drinking we had to urinate. I began to urinate from the sidewalk into some bushes, as I was doing this, a cop drove by and continued on his way. He drove to the end of the street and then pulled a U-turn and began coming back. Before he got back I took the beer that I had in my pockets and put it in the car infront of the passenger seat (were I had been sitting, but the cop didn't see me in the car.) He crept up very slowly and stopped then got out of the car. My cousin was on crutches and began crutching away. He was later found. Before the cop had returned though, I had finished relieving myself. The cop approached me and noticed a beer on the ground by my feet (I had dropped it). He asked "is that a beer" and I replied "yes". My license was taken and then the cop lectured me because it was suspended and I still had it. I'm suppose to physically surrender it to the DOL or something. After he called in all my stuff, he then asked me if there were anymore beers in the car. I identified the ones that I had put there (4, but never related them to me, I just knew where they were). He took pictures of all the beer and then wrote me a citation for an MIP/MIC, and then let me walk away.

My question is this, because he didn't ask if any of the beer was mine, didn't breathalyze me, made me do no sobriety tests, didn't in any way indicate TO ME that he thought I was at all intoxicated or had been drinking, and because the beer was in the car and not on me and I wasn't in the car (except for the one beer on the ground), can I fight it? Maybe have the charge lowered? Should I call the cop to my court date? Any advice would be much appreciated. Thank you. P.S. My mom is on chemo therapy (so I have to be around to help her) and I'm in Drug Treatment for my DUI, can I use those in court to get sympathy?



Sean, this is a public board and you are lucky to have been given advice from Java, because he see's both ends of every situation and responds in that mannor.

You have a serious problem. You are asking people here how to get out of your situation. Personally I hope Java does not advice you on this as you are a risk to the general public.


Arrive at your court hearing , listen to the judge, and do not pick up another beer.

You have stated your whole story, and I can only hope no one comes along trying to advise otherwise.
 
S

SeanMcC

Guest
I understand

Sorry, not that im trying to stay in the situation, but i'm scared. I just wanted to know what i can do. It's not going away, i know that, so i just wanted info on how to handle it. If i came across differently, then all apologizes. And yes i will be in court, bright and early, in a three-piece suit :cool: .
 

CdwJava

Senior Member
SeanMcC said:
How about a deferral, would that be a possible option. And if i did it, and got a deferral, would that still affect my probation
Who knows. I have no idea how it works in WA.

Personally, I think you should concentrate on resolving your obvious problem and worry about the punishment issues a little later.

Carl
 
S

SeanMcC

Guest
Justice Served

By the way, I'm getting my MIP/MIC dropped. And it feels good to let al you guys know that. hankx for all your input.
 

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