What proof is necessary for the issuance of a MIC ticket?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What proof is necessary for the issuance of a MIC ticket?

A 19 year old walking down the street near a party; an officer on a bike said he smelled like alcohol. Asked if he was drinking; answered no. Searched him; he had nothing. Did not give him a breathalyzer or sobriety test but was arrested anyway. Does he have the chance to be innocent if the only evidence was that the officer though he smelled alcohol?

Asked on September 6, 2011 under Criminal Law, New Hampshire

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If this is the minor's first offense and first charge of such nature, then absolutely he has enough evidence (or really lack thereof) to have this dismissed for lack of probable cause to prosecute. The information you provided, if accurate, should be sufficient for the judge to have this dismissed. Contact a lawyer in your area who handles such cases (the state bar should be able to help you) and see if you can have this dismissed at an earlier stage and have all records of the arrest erased from your record. Do not wait; the longer you wait, the tougher it will be to seal records and have this matter dismissed.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption