What is the best way to fight an MIP charge? 8 Answers as of June 13, 2011

My friend and I were in my car parked at Hooters (keys were not in the ignition) when I received a MIP 25662a misdemeanor. We had a bottle of vodka and I blew a .06. I have never had any type of run in with the cops or any other incident in breaking the law, this is the first. I was cooperative with the cop and the cop even told me so. What my concern is, that I cannot have this on my record because I receive financial aid, I'm planning on applying to Nursing school in the next few years, as well as I commute to school and work therefore can't afford to lose my license. What are my best options to winning this case or at least have some type of leniency or whatever it's called? Any recommendations for the best attorney's for this type of case? I need all the help I can get.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It looks like they have a decent case against you. An experienced certified criminal law specialist might get a judge to let you do an alcohol awareness program and then dismiss this case. A conviction will result in a year's loss of your driver's license in addition to having the conviction on your record.
Answer Applies to: California
Replied: 6/13/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
If you are convicted of 25662 you don't have just your nursing license to worry about. The law also requires the DMV to suspend your Drivers License one year. Because these laws are so severe many judges are amenable to solutions which don't require a conviction.
Answer Applies to: California
Replied: 6/8/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
I would hire an Attorney experienced in DUI and alcohol related defense. I have had success getting these charges dismissed in the past, see 1duilawyer.com. Feel free to contact me for a free consultation to discuss your case in further detail. There other several elements of the case that your attorney will want to attack, including whether there was probable cause for the officer to approach you in the first place.
Answer Applies to: California
Replied: 6/8/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
MIP is a relatively minor charge, although the consequences can be severe (ie. losing your license for a year). Contact an experienced attorney, who may be able to negotiate with the prosecutor or Judge so that you can do some classes to earn a dismissal.
Answer Applies to: California
Replied: 6/7/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
I do not know where you are located but a good DUI attorney will be the best person to contact. I have been able to assist clients in this situation to avoid a conviction and the license suspension that runs with it.
Answer Applies to: California
Replied: 6/8/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    Where are you going to court. Many courts allow minors in possession to simply take classes and get the charge off their records. Any criminal attorney can help you.
    Answer Applies to: California
    Replied: 6/7/2011
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    There are defenses, but it's a tough one. Under 21 can have a 1 year license suspension for mere possession of alcohol. And impaired is deemed .05% bac (blood alcohol content). AND DRIVING. The "driving" requirement can save you because , of course, your friend was driving - nobody will say otherwise, right? Of course not - because it's the truth. The possessing alcohol is a bit more difficult - but, if the stuff hits the fan, you can still probably get a restricted license for to and fro school/work only - if u make a written request. Good luck. I do DUI defense...
    Answer Applies to: California
    Replied: 6/7/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. Remember, no one arrested wants it on their record. Reality is the same as wishes.
    Answer Applies to: California
    Replied: 6/7/2011
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