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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116147
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My son received an MIP in Lincoln, Nebraska a few weeks ago.

Customer Question

My son received an MIP in Lincoln, Nebraska a few weeks ago. He is scheduled to appear in court on December 10. He attends college in Kansas, we are in California and don't know how to help him. The officer did not put his breathalizer score on the ticket. Should he appear and plead not guilty or just plead guilty? If so, how long does it stay on his record? Always? Will it affect his driving record? How?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
A first offense MIP charge in NE is a misdemeanor punishable by up to a $500 fine and up to 3 months in jail. Generally, on a first offense he can get a deferred sentence, which usually includes a lower fine than the $500 (many times about $150) and a substance abuse class that he must pay to attend (usually about $75) and some community service. Generally, upon completion of the deferred sentence the charge is dismissed and expunged or able to be expunged. If he fights the charge, he would not likely go to jail, but the fine and penalty could be quite a bit higher and harder to have removed from his record. He may do best hiring an attorney in Lincoln that deals with the college there, since they make deals on these cases all of the time and can usually get him a better deal.

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Customer: replied 8 years ago.
You didn't repond to his record. Do you know if it will stay on his record and for how long?
Expert:  Law Educator, Esq. replied 8 years ago.
Sorry, it will not go on his driving record unless he was driving when cited, but it is a misdemeanor charge and it remains on his record until he has it removed. If he was driving at the time he was cited, it would remain on his driving record until he turns 21 and he could face license suspension for up to 1 year.
Customer: replied 8 years ago.
He was not driving. He didn't even had a drink in his hand. In Nebraska your body is considered an open container, I guess. He was walking out of a bar. They breathalized him 3 or 4 times, did not put it on the ticket, but did say he had to appear in court, (knowing his DL was from California?). How does he have it removed? If it is by community service or classes, how can he do that from another state?
Expert:  Law Educator, Esq. replied 8 years ago.
He can make arrangements to perform any service or attend classes in the state where he resides. If they never found him actually in possession and did not note any alcohol result on the citation, then he has a good chance of beating the charge if he wants to pursue it since they need to prove beyond a doubt he was in possession or had consumed alcohol. Even moreso he should hire a lawyer to work on this for him.
Customer: replied 8 years ago.

Thanks! You are awesome. He will be getting a lawyer now for sure. We wanted to make sure because we are going to have to fly out there to rent a car (he doesn't have one, he is a freshman), and then drive to Lincoln! UGH! And, it is finals week! Looks like it will be a small Christmas for him this year; and he will definitely have to find a job or two this summer!

I will definitely let my friends know about your service!

Expert:  Law Educator, Esq. replied 8 years ago.
Well, with it being finals week, and it would be easier if he had an attorney in NE, the attorney could likely get the matter postponed until after finals so he does not have to leave his studies. Hopefully he has learned a valueable lesson from this experience.
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Customer: replied 8 years ago.

He hasn't had a drink since, I should have him count the days! Time to grow up.

Thanks again!

Expert:  Law Educator, Esq. replied 8 years ago.
It happens to EVERY SINGLE ONE OF THEM, just ask me, I have 2 and they all learn the hard way.