What to do if a 17 year old was charged with a MIC but the officers did not get her name, breathalyize her or take down any other information at scene/time of the incident?

Then 2 days later we were called to the station based on statements from others present that she had consumed. The commanding officer misstated the consequences to both her/her parents and then asked if she had consumed. She replied to the positive. She was then issued a citation, dated on date of questioning, not on date of incident by the officer that was present at incident.Should I lawyer-up for the charges or let it take it’s course and seek expungement of the record later? This is a class c misdemeanor, first time offense.

Asked on January 30, 2013 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes indeed.  You need to get a lawyer.  I think that there are a ton of issues here and your 17 year old is facing a charge of a Class C misdemeanor in Texas (I am assuming that this is a first time offense).  Good luck.


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