Mip
My 17 yr old daughter was at a party where there was Alcohol. She had not been drinking but tested & blew a .002. She was given a ticket to appear in court. The high school officer has told all her teachers & coaches that she was drinking at a party & got caught. By law can he disclose this information to everyone at the high school. We plan to go to court & fight the ticket.
Asked on 3/27/07, 5:19 pm
1 Answer from Attorneys
Clifton Hypsher
Hypsher & Assoc., LLC
Re: Mip
You may have a civil action for defamation per se (allegation of crime)if you win in the criminal case. Some breath testing devices have a tolerance of +/- 0.005, so a test at 0.002 would be considered negative!
Answered on 3/29/07, 1:40 pm