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LegalKnowledge, Attorney
Category: Legal
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Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Ok so i got an MIP and i blew a .05 and i cooperated with the

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Ok so i got an MIP and i blew a .05 and i cooperated with the officer and yes i did try to lie out of fear but then i admitted to it but i also had chew in my mouth and i heard they're suppose to wait 10 minutes after i take out the dip to try and test me what are my chances of fighting it
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. If you want to fight this you have a legal right to do so. Your attorney will want to depose the officer who conducted the breath test to make sure it was done properly and the test was accurate. If the officer did not wait the required amount of time the results could be invalid and a motion to suppress them could be filed which would prevent the reading from coming into evidence. If so, the State would have to rely on the observations of the officer which could prevent them from proving the case beyond a reasonable doubt. You may also want to see if the State offers any type of diversion program you can enter into to get the case dismissed, so your record can be kept clean as a first time offender.
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