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

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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 12 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.


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