Does the judge have the right to state what the city or county would recommend…
Can a judge dismiss my MIP on my court date for the ticket?
Question
Can a judge dismiss my MIP on my court date for the ticket?
I was at a birthday party that ended up getting big, I wasn’t drinking anything but someone offered me to try a wine cooler, so i had a sip of it and gave her the drink back. The cops showed up and they said everyone just needed to go home, but then a highway patrol showed up and lined up anyone underage and handed out MIP’s. I was not “obviously intoxicated” by any means nor was i in possession of alcohol at this period in time at all. As a matter of fact, I was drinking Minute Maid juice all night and that’s what I had in my hand. I did not get a breathalyzer test either. I did tell the highway patrol i had the sip of the wine cooler so he gave me an MIP for admitting to drinking an alcoholic beverage. I was just wondering if I HAVE to fight it with prior court dates and an attorney, or if i will be able to just tell the judge what happened and she can choose to dismiss it at my first court date.
Criminal Defense Lawyer, R. Christopher Simons Answer
A judge will not dismiss your case prior to trial and, at that point, you’re all in. You need to speak with a lawyer about this because “I only drank earlier” is not going to be a good defense.