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Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 26783
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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What can I look fight a mip chargeMe and my girlfriend

Customer Question

What can I look for to fight a mip chargeMe and my girlfriend were at a party, drinking, as we left we were talking about our relationship and she was beginning to cry, but it wasn't anything histerical. A cop car drove by and turned its lights on and the officers proclaimed that someone called in domestic violence on us specifically, which on the ticket it states there was a report in the area, then told us he was going to breathalyze us. Im sure i blew a 1.46 but the ticket says 1.48 if it matters. The cop then proceeded to arrest us and take us to the the jail house, with no reading of the Miranda rights, where we had to stay until 8:30am. I was charged with use and posession.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Are you a first time offender?
Customer: replied 1 year ago.
I went through the diversion program in Cheboygan county MI last year for possession of Marijuana so I never actually got the conviction
Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. I did not hear back from you last night, which is why I signed off. If you wanted to fight this, you would need to argue and show that the Officer had no basis to approach and stop you and investigate this. You would need to see the police report and determine what the person who called about the DV incident, described to the police, to see if you and your girlfriend matched the description. If you did not, then you could argue there was no reasonable suspicion which could amount to the Officer speaking with you and stopping you, when this happened. The only other option would again to see if there is a diversion program and if they would allow you in, since this was in a different county. In order to fight it you need to have a legal defense and if one is not present, a plea deal would have to be worked out.
Expert:  LegalKnowledge replied 1 year ago.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!