Legal Question in DUI Law in California
MIP at San Diego State
I received an MIP walking in an ally way right behind my apt, I was not aware that this ally way was public, which I told the cop when she asked if I knew what I was doing was illegal. I saw a cop car coming, put my cup down because someone told me to, she pulled over and asked if i was 21, I said no, had no id on me, but gave her my correct name and such. she hand cuffed me, even tho I did not resist her or neglect any questions. She asked if I poured what was in the cup, I said no, and asked if I knew what was in it, I said no. When asked why I put it down, I said because someone told me too to avoid this situation. She did not breathalize me nor test the cup to see what was in it. I was previously drinking, so there was most likely alcohol on my breath. Do I have grounds to plead not guilty, being that there might not have been alcohol in the cup, it may have just been soda. Is the punishment worse to plead not guilty and then be found guilty, rather than just pleading guilty? What should I do?
2 Answers from Attorneys
Re: MIP at San Diego State
Never plead guilty and get representation. It is likely with counsel the charges will be dropped or reduced. Call me directly at (619) 222-3504.
Re: MIP at San Diego State
Anyone can plead not guilty, all that does is set the matter for trial. Can you win at trial? Depends on the facts and testimony. If the DA offers a reasonable deal at the PreTrial D/R hearing, consider taking it rather than risking trial and jail if you lose.
If you want to hire counsel to defend this, contact me to discuss. Do so before going to court to avoid locking the DA into a fixed position that will be hard to change.
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