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?
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?