Student takes a stand and gets a dismissal of his MIP case
Just this past week I represented an unusual student who contacted me about an MIP case at a state university. He was determined from the beginning to fight the charge and was willing to do whatever it took to get a dismissal…even if that meant going to a jury trial and giving up his right to be placed on the diversion. This is certainly a risky tactic, but in his case it worked!
He was stopped by the police and intelligently explained to the officer that he did not want to answer any questions about whether or not he had been drinking. He also intelligently refused any PBT test as was his right. The officers conducted a horizontal gaze nystagmus test and concluded that he had been drinking, had an odor of alcohol and bloodshot eyes.
The problem with this? Good luck proving the fact that he possessed or consumed alcohol beyond a reasonable doubt. Because he had made the decision early in the process to fight his case all the way, there was no need to play any games with the prosecutor. It was simple. Either they dismiss the MIP charge or we were going to trial. They dismissed the MIP charge. Case closed and his future was secure.
