How should I defend an MIC citation?

UPDATED: Jul 5, 2012

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How should I defend an MIC citation?

I am 19 and was charged with an MIC. I want to know whether I should plead guilty or not as well as any, and all, other advice I can get. It is the first time for anything to go on my record. I did blow over the legal limit on a breathalyzer test. I am very nervous about the whole thing and need to be prepared.

Asked on July 5, 2012 under Criminal Law, Idaho


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Because you are 19 years old, you have a few more defenses than someone who is 17 or younger.  If you were at a residence and your parents or guardian approved your consumption, then this would be a defense to your MIC charge.  If you were on road or a public place... you're not going to have much luck with a defense. 

Whether or not to plea guilty or how to defend you case will depend on the facts of your case.  As noted above, the facts will determine wether or not you have a statutory defense.  Another possibility is to challenge the stop or detention that resulted in your charge.  If the initial encounter was illegal, then the evidence against you obtained after the encounter should be suppressed-- including the breath test you took.

If you're good for the charge, then your best bet is to pled guilty or no contest and see what is the best deal you can get.  It seems you are stressed-- which is understandable considering it is a criminal charge--- but you should keep in mind that you are a first offender and the court has the option of approving a lighter sentence for you because you are a first offender.  The court can also order community service hours to replace a fine-- which could save you a few dollars.  If you go two years without any new issues, then this charged can be expunged-- which means it's off your record and can't be used against you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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