I have NO idea where to post this and it doesn't concern poker

[HopeydaFish]

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Legally, if i make a compelling case that there was no reason to be asked if i had anything to drink and that I was trying to help, do these count as mitigating factors or what?

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are you joking? a cop can ask you anything he wants to, its up to you to not be stupid enough to answer and give him a reason to give a citation.

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Exactly. This is like saying that if you commit a crime, it's a good idea to immediately blurt out what you did before the cop has a chance to read you your rights so that the charges will have to be dropped later. The cop doesn't have to read you your rights until you're placed under arrest. Until the OP admitted that he'd been drinking, he had no reason to give him a ticket.

And the OP wasn't arrested -- he was given a ticket. The cop doesn't have to read you your rights for something like that. Does a cop read you your rights when you're pulled over for speeding? Of course not. It's not a criminal charge. I'm wondering if MIP is in the same realm as a traffic ticket. I don't even think that something like this would appear on his 'record' -- it sounds to me like it's in the same category as a ticket for disturbing the peace or jaywalking.

[CORed]

I am not a lawyer, but this is how I understand the law.
The fifth ammendmant gives you the right not to be forced to incriminate yourself. The Miranda ruling, however, only requires the cops to advise you of this right when you are actually arrested. However, the best rule to follow when dealing with police is never admit to having done anything illegal. Don't lie, be respectful, but when they ask you a question that you can't answer truthfully without admitting to a violation, say nothing, or say that you have the right not to answer the question. This also applies to traffic stops. If the cop asks "Do you know how fast you were going?" or "Do you know why I stopped you." Don't admit guilt if you are considering fighting the ticket.

At this point, you should probably plead guilty and take your medicine. You admitted your guilt. Lying under oath could get you charged with perjury, which is a felony. It's not likely that they would prosecute perjury in a case like this, but it's not worth the risk. Also, when it's your word against a cops, usually a judge or a jury will believe the cop. You're only realistic hope for beating this is if you decide to fight it is if the cop doesn't show up for the trial.

[theweatherman]

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If you were sober, why the [censored] did you admit to having a few beers?

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[HopeydaFish]

I doubt very much he's in any risk of being charged with "perjury". All he has to say is that he misunderstood the cop's question and that he hadn't had anything to drink that night. If he wants to further embelish the story, he can claim that he wasn't even at the party -- he can say he'd been called by his drunk friend to come pick her up and take her home. Unless they have a mind reader in the court that day, they can't prove that he *didn't* misunderstand the question or that he was at the party.

The fact that the OP wasn't found with any alcohol on his person, and that they did not give him a breathalyzer will probably be enough to get the charge tossed out. The OP really needs to look at the wording of the offence that he is being charged with. My guess is that circumstances under which he was charged will not fit the definition of the crime.

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i prefer to stay classy... I could have but thats like taking money from a guy whose terrible... its just not nearly as fun as outplaying someone.

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Off topic, but if this is your atitude towards poker /or getting laid , you might want to consider a new hobby/career.

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One day you will think back to this incident and laugh at yourself. Just learn from your mistakes and you'll be alright.

Best way to get out of this is probably a white lie, say you were confused and thought he asked if you were at the party, but were not drinking (you had a mid-term the next day, monday, whatever). When you get your warning, split the cost of her ticket, then hook up with her...please.

[AceHigh]

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All he has to say is that he misunderstood the cop's question and that he hadn't had anything to drink that night. If he wants to further embelish the story, he can claim that he wasn't even at the party -- he can say he'd been called by his drunk friend to come pick her up and take her home. Unless they have a mind reader in the court that day, they can't prove that he *didn't* misunderstand the question or that he was at the party.

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This is the "right" answer. Change you story to something plausible to explain the drinks comment. Say you misunderstood the question and thought he was refering to your friend or some [censored]. Tell them you that's why you quickly added you weren't drunk or something.

Remember when in court, deny, deny, deny. With any luck the judge will reduce your fine to something a lot more reasonable.

[Shajen]

yeah, I always find lying to be the best course of action.

[image]http://photos1.blogger.com/blogger/7037/138/320/wayne's-world-yes-officer.jpg[/image]

NOT.

A very effective strategy for this would be to get your first court date postponed and I doubt the cop will be non-lazy enough to find out the reschedule and attend. This will leave you without much rebuttal.

[Spota]

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Call the precinct, pretending to be your lawyer, ask to speak to the person in charge of scheduling court dates for the cops. When you are transfered to the right person, tell her that you will be out of town most of this month, and ask when the cop is unavailable to attend court. Most cops have at least a couple days scheduled for training or vaca per month. Then call the courts, with your ticket in hand, and tell them you want to schedule an arraignment for your ticket (if its a traffic ticket, you will get a lot of wtfs, but they have to legally do it). Tell the clerk the same story about you being out of town, and tell them you will be available such and such dates (when the cop is out of town, or training). You are gambling a little, but most likely the cop will not show up for the arraignment, and you are off scott free

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Yeah I read that too in Kevin Mitnicks book, "The Art of Deception"

[RDWallace]

Im also not a lawyer, but......no it's not a bad holiday inn express joke, I worked at a firm over the summer and have had some similar minor run ins with the law in the past. The Minor in Possession charge won't hold up unless they can provide evidence that you were A) in possession of an alcoholic beverage at the time alleged or B) had alcohol in your bloodstream, thus making you the legal equivalent of an open container. Im assuming A does not apply, so we move to B. Since they did not give you a breathalyzer, your answer that "I had a few beers" is irrelevant unless placed in the context of a specific timeframe (and even then its shaky). You did not specify when you consumed these drinks so for all intents and purposes you could have been completely sober at the time of the arrest. They really need a breathalyzer result to prove an MIP so youre in luck this time.