If I was not drinking and asked the police to breathalyze me but they refused, can I get it dismissed?

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If I was not drinking and asked the police to breathalyze me but they refused, can I get it dismissed?

I was handed a cup to hold while my friend was grabbing something, then the cops showed up. I hadn’t even taken a sip. Everyone in the car recieved open containers who were 21 and I recieved a MIP. The court date on my ticket has a wrong years on the ticket. I have witnesses willing to testify. What is my chances of dismissal?

Asked on April 23, 2012 under Criminal Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

These laws were written such that if you are the driver or a minor holding an open container with alcohol, you would get a ticket, even if you did not consume it. You should consult a defense attorney to help you fight it.


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