Legitimacy of an MIC charge

[tmtmaats]

This event occurred in Arizona.

On Friday, Feb 28 2014, I went to a friends place to hang out for the night. I went outside for a breath of fresh air because a few of my friends were smoking cigarettes, which irritates my nose. I saw two cops approaching the place. One of them came up to me and told me I was not free to go. He then proceeded to ask me my age and to look at my ID. Then he said he could smell alcohol and that I admitted to being under 21. I told him that I had just walked outside because I don't like the smell of cigarettes, but he insisted that he could smell alcohol. Then he wrote me up for an MIC charge, the exact being as follows

4-244.41 - Under 21 Alcohol in the body (Criminal)

This is the first charge I have ever had. I am wondering what the legitimacy of this charge is. The officer did not breathalyze me or perform a field sobriety test. He didn't even ask me if I consumed alcohol, and just began to write up a charge based on what he smelled. Will the lack of evidence be enough to fight this charge in court? Any recommendations as to what I should plead during my court date?

Thank you.

 

[Zigner]

I would suggest that you discuss this with your attorney only and not your buddies or a group of random strangers on the internet.

 

[witzeroni]

If you weren't drinking, then fight it. The burden of proof is on him. He could say he smelled it all he wants, but if other people are around who were drinking, that could be a reason.

 

[Zigner]

If you weren't drinking, then fight it. The burden of proof is on him. He could say he smelled it all he wants, but if other people are around who were drinking, that could be a reason.

I'm sure the kid's attorney will advise him as to the appropriate course of action.

 

[witzeroni]

He can save himself a lot of money and act as his own attorney (oh I know, they will give him the chair if he does this). If it were me, and I was not drinking, I wouldn't waste my money and I'd plead not guilty.

 

[Zigner]

He can save himself a lot of money and act as his own attorney (oh I know, they will give him the chair if he does this). If it were me, and I was not drinking, I wouldn't waste my money and I'd plead not guilty.

That is terrible advice. Really.


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