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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience:  Handling criminal and probation matters for over 14 years.
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how does one beat a mip, when said person was already on probation

Resolved Question:

how does one beat a mip, when said person was already on probation for tampering?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Thank you for using JustAnswer!

Are you referring to minor in possession of alcohol?
Customer: replied 2 years ago.
prior to minor in possession, my son was on probation for tampering ( high school prank and got cought) 2yr probation. 1 yr latter was cought driven under influince of alcohol. now they brought bach the tampering case. prosecuter wants him to plead guilty to both cases with a sis for more probation. is this a good deal or not.
Expert:  JB Umphrey replied 2 years ago.
Thank you. However, please answer my original question. Are you referring to minor in possession of alcohol?
Customer: replied 2 years ago.
yes/ minor in possession
Expert:  JB Umphrey replied 2 years ago.
Was it of alcohol?
Customer: replied 2 years ago.
yes/ alcohol. blew .04 but none in car with him
Expert:  JB Umphrey replied 2 years ago.
Had the person been driving?
Customer: replied 2 years ago.
Yes
Expert:  JB Umphrey replied 2 years ago.
Why did the officer stop the driver?
Customer: replied 2 years ago.
His license plate light was out on back bumper of car.
Expert:  JB Umphrey replied 2 years ago.
Thank you. From the facts that you've described, the officer had probable cause to make the stop, to the breath test cannot be suppressed that way.

From the facts that you've described, he was the driver. Thus, the officer had a legal basis to have him blow and so the breath test cannot be suppressed that way.

The only way to beat the MIP is to hire a criminal defense attorney to contest the actual breath test device that was use and demonstrate that it was defective or not properly maintained. If the breath test device is successfully challenged, the judge can throw out the results.

However, if your son admitted to the officer that he had consumed alcohol, then it doesn't matter what happens about the breath test device. Your son's admission (if he made one) is all that it takes for an MIP conviction.

If you son made no admissions, then your son's attorney can focus on contesting the breath test device.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.
the hiway patroll did 2 breath test at the stop, in wich neether one worked. so then proceeded to the county jail to administer a breath test in wich that one supossedly worked. whats the odds ?
Expert:  JB Umphrey replied 2 years ago.
It will be for your son's attorney to request, obtain, and review the records of the Datamaster device that was used at the jail to see if it was properly maintained, if they did the regular calibration testings, and maintained their logs. If they didn't do the regular testings and maintain the logs....and if they can't produce someone to testify to them in court, the odds are favorable. It does happen.

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 11 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
thanks for info

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