Criminal Law Questions? Ask a Criminal Lawyer.
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What do you mean by "what can we expect in court"?
Yes, unless you get a lawyer to try and get the breathalyzer result suppressed. If they sued a portable unit they are not terribly accurate and have to be calibrated regularly.
The MIP charge is a relatively minor one and the possible punishment is a fine not exceed $300, jail sentence not exceeding 90 days and license suspension for 90 days.
However, it is rare anyone goes to jail for a first MIP charge.
The only time I have heard of it was when the young man came into court, had been drinking, and was obnoxious to the judge.
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They will likely give him probation and the fine and then have him do some community service.
This isn't the type of case that is likely to have employment ramifications in the future.
However, what he may want to do if he isn't going to hire a lawyer is ask them if he can get a pretrial diversion or a deferred adjudication which will keep the conviction from being on his permanent record.
It would be easier for him to get if he had a lawyer but he may be able to get it without one.
He'll be fine then. He'll walk out with no more than a light slap on the wrist.
Just tell him to be polite and acknowledge wrongdoing at the appropriate time and he will get a very lenient sentence.
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