Does my son stand a chance against an MIP charge?

15/09/2011 admin 6 comments

My son is 19. He had a party while I was out of town. There were several kids teens there between 18-20 and most (not all) were drinking. A girl (drunk) got her car stuck in my yard, while trying to leave due to the fact that most of the kids had gone to sleep. Neighbors called the police due to the noise the car was making trying to get unstuck. Some of the kids who had been awake went outside to help her. Police car arrives. Teens smell like alcohol and some empty cans were outside from where they had been smoking cigarettes earlier. Policeman went in my home, spotted more empty beer cans and asked for the owner. My son talked with him, admitted they had been having a party earlier and drinking but most were asleep. Officer called for back up. The officers went through my entire home (every floor) and woke up all the kids and told them to go to the kitchen and take a breathalyzer test. The officers opened every bedroom, bathroom and closet door looking for kids hiding. They had used all the straws for the breathalyzers. Threw them in the trash and after realizing there were more teens getting woke up, they took the straws out of the trash, rinsed them in the kitchen sink and reused them. (IS THAT NOT UNSANITARY?) They arrested anyone that did not blow a ZERO. Two girls blew and failed and begged to retake it and passed. One of my son’s best friends blew and passed and had actually been drinking. (How is that possible?) (How does that guarantee that other tests were not wrong?)

My son was wrong for throwing the party. Wrong for drinking. Everyone there that was drinking was wrong. I don’t blame the neighbors for calling if the car woke them up. It’s not about all this. I just want to know how serious is an MIP? Does that require a lawyer in Georgia or can my son just show up in court and hope for the best? He is in college and works part time and I am so worried about what a judge normally does and just curious about the straws and incorrect test results.

ALCOHOLISM TREATMENT against, chance, charge, stand

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Written by kestralmlp about 8 months ago.

Several comments. If your son does not have a record then he will merely be fined and that is the end of it. Washing the straws will have no impact on the test unless they were washed in alcohol. Incorrect tests results will not have an impact either since there is no way you can prove the tests are incorrect. The guy who blew and passed may have a higher metabolism and burned off any alcohol in his system faster. If it is a first time offense then I would just show up in court and plead no contest and ask the judge for mercy.
Written by Gabbie LOVES raw meat! about 8 months ago.

Your son may be expelled from school because of this, so that’s another issue. As for the issue of straws, we have drunk teens probably making out and having sex with who knows what. Sanitation isn’t a concern there. As for the incorrect test results..well, EVERYONE was drinking at that party.

“One of my son’s best friends blew and passed and had actually been drinking. ”

Some time may have passed from the time he drank to the time of the breathalyzer.

Your son can get a lawyer, but I really think he’d learn better if he took his lumps like a man.

Then the personal issue..the son now should find a new place to live. You can’t ever trust him again for a very long time.
Written by Rock Firestorm about 8 months ago.

You can get a lawyer but it does not guarantee anything. You can still lose – it’s not like anything was done wrong by the cops. Reusing straws isn’t going to work in your sons favor. The fact there were kids drinking illegally supersedes anything. The only saving grace in your favor was your son was over 18 otherwise you could be huge trouble (since it’s your house). It’s probably best he takes the punishment. Sounds like he needs to learn a lesson.

Hope this helps.
Written by James about 8 months ago.

First, your son needs and experienced and copetent Attorney. This is a very serious charge that could do a great deal of damage to your son for the rest of his life.

Breathalyzer tests are notoriously inaccurate and unreliable.

I recommend that you interview at least 3 or 4 Attorneys who have a great deal of successful experience defending MIP and DUI cases.

I recommend that you and your son hire the Attorney who is most likely to get a full acquittal for your son.

With respect to those responders who say that you should use this to teach your son a lesson. These people do not know what they are talking about.

If you tell your son plead guilty to this you are essentially telling your son to brand himself with a black mark on his record that will identify him as a loser for the rest of his life.

That black mark on his record will prevent him from getting a decent job for the rest of his life as well.

The real question here is do you want your son to learn to be a winner or a loser at life?

If you want your son to learn to be a winner at life you will encourage your son to hire a competent and experienced Attorney and fight this charge in court.

If you want your son to learn to be a loser at life you will encourage your son to plead guilty.

If you want your son to learn to be a winner, the best lesson that your son can learn from this is to hire a good Attorney and fight this in court. Based on what you have said, if your son is represented by a competent and experienced Attorney he will win.

If your son does not have the money to pay the Attorney fees, I recommend that you pay the Attorney and make that a loan to your son that he must repay with interest. Have the Attorney prepare the legal agreement that commits your son to repay the loan.

Your son, winning this case in court and then repaying you for his Attorneys fees will learn far more about life than he will by pleading guilty and receiving a black mark on his record that will brand him as a loser for the rest of his life and will prevent him from getting a decent job when he graduates from college.

The people who tell you to have your son plead guilty are merely jealous of you and your son and want to do some damage.

If you follow their advice and tell your son to plead guilty they will have done their damage to you and your son for the rest of your lives.
Written by Billy Bob about 8 months ago.

no..
Written by STEVEN F about 8 months ago.

The charge is Minor is POSSESSION of alcohol. Your son is a minor, for the purpose of alcohol laws. Your son was in charge of the house. There were open containers of alcohol all over the house. Your son is unquestionably guilt as charged, even if he was not drinking. The ONLY hope he has of beating the charge is excluding ALL the evidence on the grounds of an illegal search. Give the evidence that was visible before they entered, there is AMPLE probable cause.

Note: MOST colleges won’t care about an MIP. They would have to expel half the student body if they did.

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Does my son stand a chance against an MIP charge?

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