M.I.P.
I received an MIP last night. It is my first criminal offense. I have never been arrested or cited for anything including traffic related. Am i able to fight it at all? And what will my penalties be?
2 Answers from Attorneys
Re: M.I.P.
There certainly may be facts involved in your case that would justify fighting the ticket; it is possible, for example, that the police made errors which would justify suppressing (throwing out) the evidence they have against you. If there were no procedural errors, merely a sip of alcohol, or being within arm's length of the drink, will convict you.
Depending upon where you got your ticket, you may be offered a diversion program (usually consisting of an alcohol education class) which is outside the criminal process. Otherwise you are likely to be offered a deferred sentence, meaning if you meet the conditions of the deferred (no other crimes, perhaps 24 hours community service, and an alcohol class) for its duration (probably 9 months), the charge will be dismissed and could later be sealed against public inspection.
Good luck.
Re: M.I.P.
You may be able to fight an MIP depending on the facts. The penalties can be found under the statute number (on the summons) on the Colorado Legislature web page.