Legal Question in DUI Law in Washington

MIP no breathalizer or field tests

I was in my car in a parking lot and an officer walked up to my car and asked if i had been drinking, i said no but then he saw my friends bag of marijuana which i hadn't touched... or smoked out of he told me i was under arrest and i got cited for mip and possession of a controlled substance. no breathalizer was given to me and my prints aren't on the bag. Is there a way to get it dropped when i go to court?

Asked on 2/03/07, 2:43 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: MIP no breathalizer or field tests

Was your friend there? If so, he/she was in possession. If not, you could claim unwitting possession unless you clearly knew the bag was there. If you knew the bag was in your car and not on the person of another then you are in possession of it and have no defense. A good lawyer will still likely get you a plea bargain. As to the MIP. Have you seen the police report. Likely the officer is claiming he smelled alcohol on your breath. Since, as a minor, you are not allowed to have any alcohol he does not need to give you a breathalyzer. However, maybe there was another reason why your breath smelled of alcohol. Or maybe he isn't saying that in his report but saying something different entirely. You should be able to discuss this with your lawyer in better detail knowing more of the facts of your case. If you do not have a lawyer and would like assistance or if you just have additional questions, contact me directly.

At your service,

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Answered on 2/03/07, 2:49 pm

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