Legal Question in DUI Law in Colorado

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?


Asked on 12/05/07, 4:55 pm

2 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

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.

Read more
Answered on 12/06/07, 1:14 am
Clifton Hypsher Hypsher & Assoc., LLC

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.

Read more
Answered on 12/05/07, 5:47 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Colorado