What happens to you on your 4th M.I.P. as far as driving privileges?
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What happens to you on your 4th M.I.P. as far as driving privileges?
I am 20 and recently got a MIP at my friend’s house. They didn’t have a search warrant and there was no party going on. They broke the door down because we told them if they had no search warrant they must leave and they broke in. I asked for probable cause and they said someone had dialed 911 from the house but I know for a fact no one did. They didn’t test me or even ask if I had been drinking and there was no alcohol left in the house, only empty cans in a bag. Do I have a good chance of fighting it?
Asked on June 22, 2009 under Criminal Law, Oregon
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I think you should certainly talk to an attorney in your area, who can give you reliable advice based on all of the facts. It sounds to me, based on your question, that the search was illegal, and, if so, the evidence they found can't be used in court. One place to find qualified defense counsel is our website, http://attorneypages.com
When you talk to your attorney, you'll need to talk about everything that was going on, especially the things that might be embarrassing, because what your attorney doesn't know can hurt you -- and your attorney can't prepare to answer those things and control the damage; worse, facts that you keep from your lawyer might cause him or her to take an approach that was right for what you shared, but not for the truth.
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