Criminal Law Questions? Ask a Criminal Lawyer.
Thanks for the speedy reply. My friend opened the backpack and I watched the officer find the beer while I was in the cop car. I think he just made them pour it out.
If it is possession that they arrested me for, I certainly did not have any alcohol on my person. And without a breathalyzer test or any sobriety tests, it seems like they have no evidence of me committing any crime.
Lastly, on audio tape I asked "What makes you say that?" when he said I was being arrested for "basically MIP." He cited my balance and slurring, but I have 35 minutes of me talking perfectly fine and I was in the cop car within 60 seconds of meeting the officer, so there was almost no time for me to have balance problems, which I didn't. It felt like he memorized a list of vague reasons to arrest kids.
I guess what I really want to know is what constitutes sufficient evidence of MIP?
But specifically what constitutes reasonable evidence for MIP? If there was no breathalyzer test or sobriety tests, is it possible to be convicted?
Thank you. I promise I will accept your answer, but I may have another question or two. Say my two friends said I had been drinking, should I be worried? They weren't arrested or read their Miranda rights. The officer said I smelled like alcohol, but I could blame that on my two un-arrested friends who possessed beer. Let's say I was their sober escort and he smelled alcohol on them and assumed the smell was on all of us. That is a very reasonable argument, is it not?
If I let him spew some exaggerations/lies in court and then spring my audio recording on him to contradict what he said, would that be reason to drop the case? Say he cited me slurring, and I played the tape, on which he tripped over his own words several times when I asked why I was being arrested, while I hardly stuttered, if at all. Is that not evidence that he may have been intoxicated, based on his own logic? Or at least evidence that he is a liar?
Should I be worried about being convicted? Is there any way I could counter sue the state? I'm pretty upset about this whole situation.
2. "Should I be worried about being convicted?"
A. We don't have enough information to estimate your chances of being convicted. It's too early in the process. For all we know, this will get thrown out at your first court appearance.
3. "Is there any way I could counter sue the state?"
A. Possibly, but a malicious prosecution lawsuit generally can't be considered until after there has been an outcome in the defendant's favor.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).