mip

[cadmire]

What is the name of your state?Colorado
My 16 yr. old daughter was issued an MIP. She had a blood alcohol level of 0.01. Doesn't that have to be stated somewhere on the ticket? If there are a range of possible outcomes for her, how do they tell the difference between one who was falling down drunk and beligerant as compared to my daughter who had carried around one beer all evening and as the police put it, "was cooperative and respectful"? Also, is it legal for them to have then informed her high school all those who were ticketed? Thanks

 

[CdwJava]

What is the name of your state?Colorado
My 16 yr. old daughter was issued an MIP. She had a blood alcohol level of 0.01. Doesn't that have to be stated somewhere on the ticket?

The ticket is simply the charging instrument. The BAC does not need to be on the ticket. There will be a seperate report or testimony that will provide the BAC.

If there are a range of possible outcomes for her, how do they tell the difference between one who was falling down drunk and beligerant as compared to my daughter who had carried around one beer all evening and as the police put it, "was cooperative and respectful"?

By the testimony of the officers involved - and the charges issued.

Also, is it legal for them to have then informed her high school all those who were ticketed? Thanks

Probably. Arrests and citations are not generally protected from public disclosure - even if they are juveniles. And if the possession was somehow related to the school (at an event or to or from school), then it was certainly appropriate.

- Carl

 

[cadmire]

OK...don't I get a copy?

Thanks for the response for any time I contact an officer with a question I get a different answer, whether it be her campus officer or whoever answers the phone at the sheriffs office. Now, is it not required for them to provide me with a copy of the "seperate report" or "testimony" as the parent of a minor? Otherwise how do I know legally what I'm really dealing with? And no, this wasn't at all related to a school function. Thanks again.

 

[CdwJava]

Assuming the procedures are similar in CO to here, your attorney can get a copy of the report (or, after an attorney is appointed he/she can get it). The report does not automatically come to you - or anyone else, for that matter. However, if laws or policies are different where you are from here, you might be able to go to the issuing agency and request a copy of the report.

And your daughter should have received a copy of the citation. If there is a question on court appearance times, call the office on the citation. In CA it would be Juvenile Probation (usually) - in CO it MIGHT be the same ... but, when in doubt, contact the court or the issuing agency to see who handles and schedules those things.

As for the school question, I really do not know about CO. In my state it would not likely be unlawful to relay the information regarding the citation to the school authorities, but I doubt the school could take any action against the student without some nexus between school and the student ... and here, all that would be required is a school function, or that she was on her way to or from school.

- Carl