Got a MIP yesterday, need some answers.

[mcsap]

We cannot use a PBT as the sole determiner but it can be used to support our belief. And the fact that they didn't have a bottle of booze ON THEM does not negate the fact that they consumed booze.

For DUI we can require that a person submit to a PBT and a blood test.

Not having a drivers license for 90 days or whatever would not preclude a person from going to college. When people come up with such lame excuses for trying to get out of stuff, I try extra hard to make sure they get everything that is coming to them.

Next thing you know, drunk drivers are going to complain that it will be a hardship for them to lose their license?!!

[Lfpdlieu302]

We cannot use a PBT as the sole determiner but it can be used to support our belief. And the fact that they didn't have a bottle of booze ON THEM does not negate the fact that they consumed booze.

For DUI we can require that a person submit to a PBT and a blood test.

Not having a drivers license for 90 days or whatever would not preclude a person from going to college. When people come up with such lame excuses for trying to get out of stuff, I try extra hard to make sure they get everything that is coming to them.

Next thing you know, drunk drivers are going to complain that it will be a hardship for them to lose their license?!!

no kidding? hell, we have to use creative writing just to "try" and get the results of a pbt admitted in a dwi!! lol. i normally write something like "the subject was then given a pbt (.09) to verify what field sobriety tests had already indicated" hopefully the defense will ask what the .09 is for, then he opens the door for me to say, well, thats what he blew.

[tomekk]

In Washington juveniles will not receive a criminal citation except for driving offenses. A report will be sent to the servicing juvenile court and a summons will be issued for the suspect to appear for his/her araingment which will come in the mail.

MIP/MIC is shorthand for the charge. It is under RCW 66.44.270.2(a) and (b) which state it illegal to "posses, consume or acquire" or "exhibiting the effects of consuming alcohol". Smelling the odor, admitting to drinking, registering a reading of .01 or higher on the PBT are all that is needed to arrest for and charge for this offense.

If found guilty suspension will range from 90 days to a year depending on history.

Washington does not have a state public intoxication statute

when and how will I be contacted?

[pmm]

Yo...MIP delinquents (particularly in Michigan)...click on the URLS
below:

http://www.sado.org/usdistrict/02-10280.pdf
http://www.michbar.org/opinions/supr...2701/11020.pdf

[harbor12]

does it state in the law pbt? pbt's are not admissible as evidence by the prosecution in court.

The reading from the PBT is not admissable, however if you follow the WAC guidlines; ie Check the mouth, determine if they have had anything to drink in the last 15 minutes, explain it is voluntary and not required under the implied consent law, one way breath tube used, zeroed prior to use, temp guage within range; the fact that they register above a .01 is admissable, just not the reading. Couple this with smell, admission, HGN results and observations it is all that is needed. No alcohol need be present to charge and have the judge or jury find a guilty verdict.

[harbor12]

when and how will I be contacted?

You will be contacted via mail with a summons on when and where to appear for your araingment

[Lfpdlieu302]

The reading from the PBT is not admissable, however if you follow the WAC guidlines; ie Check the mouth, determine if they have had anything to drink in the last 15 minutes, explain it is voluntary and not required under the implied consent law, one way breath tube used, zeroed prior to use, temp guage within range; the fact that they register above a .01 is admissable, just not the reading. Couple this with smell, admission, HGN results and observations it is all that is needed. No alcohol need be present to charge and have the judge or jury find a guilty verdict.

ehhh, maybe its different from one jurisdiction to the next. even if i prove all of the above, pbt are plus or minus like .5 or so. i just know that i cant get them in here.

[harbor12]

ehhh, maybe its different from one jurisdiction to the next. even if i prove all of the above, pbt are plus or minus like .5 or so. i just know that i cant get them in here.

I dont know what type of PBT you are using. We use the Alco III, which is calibrated every 6 months and has a digital read out of .000. As long as the reading is .003 and below when you test it prior to use, it is valid.

[Lfpdlieu302]

I dont know what type of PBT you are using. We use the Alco III, which is calibrated every 6 months and has a digital read out of .000. As long as the reading is .003 and below when you test it prior to use, it is valid.

http://www.galls.com/style.html?asso...og&style=LE277
here's what we use, its got a range of what is considered useful so to speak. bear in mind, i'm not questioning the validity of the pbt, i think its great that you can use it in court, i'm just stating that here, i cant do it.

[Lawson]

Okay, I am in the state of WA, I am a Law Enforcement Explorer and I have dealt with some MIP's on Ridealongs.

I have a site for you, that may help shed some light on the situation you are in:

http://www.ups.edu/dsa/chws/SA/wastateetohlaw.htm

MiP is a Criminal Citation. Did you sign anything? If you did, you should have received a little yellow slip [a copy of the ticket]...

If you did or did not sign and did not get a copy, there is a possibility that the ticket will be mailed to you when an appropriate court date has been set. Again, Refer to this website for some info. If it does not give you what you are looking for. Lemme know.

[tomekk]

Okay, I am in the state of WA, I am a Law Enforcement Explorer and I have dealt with some MIP's on Ridealongs.

I have a site for you, that may help shed some light on the situation you are in:

http://www.ups.edu/dsa/chws/SA/wastateetohlaw.htm

MiP is a Criminal Citation. Did you sign anything? If you did, you should have received a little yellow slip [a copy of the ticket]...

If you did or did not sign and did not get a copy, there is a possibility that the ticket will be mailed to you when an appropriate court date has been set. Again, Refer to this website for some info. If it does not give you what you are looking for. Lemme know.

hey thanks man for your reply. One of my friends talked to a lawyer and said that MIPs are like nothing and that since it is our first offense we shouldn't worry about it. No i did not sign anything, he said to me that they couldn't write me a ticket because i'm only 17 and that they are going to forward it to juv court. I have a friend who also was 17 (at the time) and got a MIP and never recieved the ticket.

I was wondering since i didn't sign anything couldn't i just deny the fact that i got a MIP? I know that cops record alot of what you say and since i admitted that i was drinking that night, i prolly screwed myself.

Also, how long do you think it would take for a an appropriate court date to be set and mailed to me?

Oh and btw i think this website http://www.ups.edu/dsa/chws/SA/wastateetohlaw.htm is more directed towards minors 18+. Correct me if im wrong.

Thanks a bunch guys, really helping me out here

[harbor12]

hey thanks man for your reply. One of my friends talked to a lawyer and said that MIPs are like nothing and that since it is our first offense we shouldn't worry about it. No i did not sign anything, he said to me that they couldn't write me a ticket because i'm only 17 and that they are going to forward it to juv court. I have a friend who also was 17 (at the time) and got a MIP and never recieved the ticket.

I was wondering since i didn't sign anything couldn't i just deny the fact that i got a MIP? I know that cops record alot of what you say and since i admitted that i was drinking that night, i prolly screwed myself.

Also, how long do you think it would take for a an appropriate court date to be set and mailed to me?

Oh and btw i think this website http://www.ups.edu/dsa/chws/SA/wastateetohlaw.htm is more directed towards minors 18+. Correct me if im wrong.

Thanks a bunch guys, really helping me out here

Again, juveniles in the state of Washington will not receive a citation for MIP/C. A report will be written with all the facts the officer discovered and forwarded to the appropriate juvenile court jurisdiction. A summons will then be mailed to the supects address advising them when to appear for their arraingment. Depending on court case load you should hear something within 4-6 weeks, maybe sooner. MIP/C's are gross misdomeaners max punishment is 1 year in jail/5000 fine on the criminal side - Ive yet to see this. It is usually a small fine, community service, alcohol abuse counseling and probation. On the civil side if convicted you will have your license suspended.

[tomekk]

Again, juveniles in the state of Washington will not receive a citation for MIP/C. A report will be written with all the facts the officer discovered and forwarded to the appropriate juvenile court jurisdiction. A summons will then be mailed to the supects address advising them when to appear for their arraingment. Depending on court case load you should hear something within 4-6 weeks, maybe sooner. MIP/C's are gross misdomeaners max punishment is 1 year in jail/5000 fine on the criminal side - Ive yet to see this. It is usually a small fine, community service, alcohol abuse counseling and probation. On the civil side if convicted you will have your license suspended.

would you recommend a lawyer? Thanks again

[tomekk]

sorry for bumping this thread to the top again, but i still haven't recieved anything yet. Should i still be worried? :confused:

[darrell]

PBT isn't admissible in Michigan as a sole determing factor. Also license may oir may not be suspended. I never had to worry about this since I have never drank in my life. Fine of up to $500.00 pr 93 days in jail, and probation of up to 2 years with substance abuse counciling.