Charged with MIP and was not drinking
A group of friends picked me up after they had been drinking for a while. I was in the car for about 20 minutes when the police pulled us over. I hadn't taken a drink and asked for a breathalizer - I blew a ''0'' but still was ticketed. I was in the back seat and beer was on the floor - but I didn't drink at all. How can I get out of this?
1 Answer from Attorneys
Re: Charged with MIP and was not drinking
It will depend on the particular details of your case. "Construcive possession" is the issue at hand. Even though you did not drink any alcohol, if you had it in your possession, you are guilty of the MIP charge. Whether you possessed the alcohol will depend on whether you were aware of it being in the car, whether you exercised any control over it, or could have controlled it etc. Generally, possession of contraband within a car is enough to show constructive possession where the person knows of the existence and presence of the contraband. You should speak with an experienced criminal attorney about the exact facts in your case to have a more certain answer. It is a close call.
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