How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90219
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

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: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 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.


I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

This does not create any attorney-client relationship. Additionally, this is being provided for informational and instructional purposes only and does not constitute the practice of law in any jurisdiction.



Customer: replied 5 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 5 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 5 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 5 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 5 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 5 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.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90219
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 5 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 5 years ago.
It happens to EVERY SINGLE ONE OF THEM, just ask me, I have 2 and they all learn the hard way.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.