Hey my friend got an MIC charge (minor in consumption) a couple weeks back. He failed an eye test though he refused the breathalizer. He does wear contacts so it is possible he could have failed the eye test anyways. Will their charge hold up if it was brought into court when they have no physical evidence besides the officer's statement? Also he says that he never admitted to drinking at all and the cop could "smell" the alcohol on him, though it is not specified that he could smell the alcohol on his breath. Is there a chance he can fight this or what would be a good plea bargain for him? Also he was not driving or near a vehicle of any sort, he was walking on the sidewalk.
1 Answer from Attorneys
First, for a MIC charge, it is of course not necessary that a vehicle be involved.
From what you said, the only evidence against him is the fact that the officer smelled alcohol on his breath and the fact that he failed the eye test. I would say that unless he can offer expert testimony to refute these two pieces of evidence, they have a fairly good case against him. And it might be that, if they are forced to take the case to trial, they will be able to develop an even stronger case.
The question I would have for you, however, is whether there is a plea bargain available. What lesser charge is available? Perhaps pretrial diversion is an option. He might consider that.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
