Legal Question in DUI Law in Colorado

Mic

I have a question concerning a minor ''underage'' who was cited with a ticket for being intoxicated, wasn�t breathalyzed and never received a copy of the ticket nor did the Guardian. Is this a correct procedure??


Asked on 1/23/07, 1:41 pm

1 Answer from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: Mic

Even though the letter "c" is very far from the letter "p" on my computer, I'm guessing you are referring to an "MIP" ticket, charging a minor with possession of alcohol. Maybe you mean minor in consumption, but it's the same thing, section 18-13-122 of the Colorado Revised Statutes.

Such a charge does not require a breathalyzer, because even a sip of ethyl alcohol is enough to sustain a conviction for MIP. Of course, the prosecutor has to prove that sip, beyond a reasonable doubt.

Your minor should have received a copy of the ticket, but you can simply call the clerk of the court in the county where the ticket was (apparently not) given. The clerk can tell you the date your minor needs to appear in court to answer the charge.

Good luck.

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Answered on 1/23/07, 2:54 pm


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