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Can I get an MIP dismissed on a technicality if the officer wrote down the wrong alcohol level on the ticket?

Pueblo, CO |
Filed under: Criminal defense

Can I get my mip dismissed if the officer wrote down the wrong alcohol level?
One officer gave me a breathalyzer and wrote .097 on my hand with a slash though the zero. Anouther officer gave me a ticket for illegal consumption of alcohol. This morning I noticed the ticket said .197. Can I get that dismissed for being wrong? I am 100 pounds 5"4" female there is no way I could have that much alcohol in my system and remember what happened.

Attorney Answers 3


No. Asked and answered in your other post. That is simply a clerical mistake and can and will be corrected prior to the time of trial. Hire Matt Martin in Pueblo to represent you.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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No you cannot. To prove an MIP the state must only show some alcohol in your system. Thus, as long as the test was positive, the amount is largely irrelevant. The PBT used on you is not very accurate with regard to amounts. This probably explains the discrepancy in the test.

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My colleagues -- both excellent attorneys -- are 100% correct. You are not getting this dismissed based on what you have written.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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