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Can I get fined for MIC without taking a breathalyzer test?

San Diego, CA |

I was walking home from a party with my friend and cops stopped us. He asked me if I was drinking and I said no. He shined his lights in my eyes according to him I was "drunk." However I refused to take a breathalyzer test and he let me walk away with a citation and a court date. Is there any way I can get out of paying the fine?

Attorney Answers 7


  1. Pretty thin evidence against you, I think you have a good chance of getting away with little or no consequence.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


  2. Should talk to an attorney on this one thing we need to know is why did the
    cop just stop you it may be an illegal detention also need to know other
    factors that the cop make claim you must also realize that any alcohol
    offense can get to a1 your license suspension so it would be very wise to
    seek specific legal advice


  3. Do you mind telling us what crime the citation states you violated?


  4. I am curious why the cops just stopped you as well? You should definitely consult with an attorney prior to your court date.


  5. You can file a motion for an unlawful detention on this one, however I don't believe it something that you will likely win. The only way you're going to get out of paying the fine most likely will be if you take it to trial.

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com


  6. Yes, there may be several ways you can avoid paying a fine...not the least of which is by avoiding being convicted. Hire a locally experienced criminal defense attorney to assist.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


  7. As Mr Fremont said, there may be an illegal detention. Other facts need to be known to make an informed decision. Any alcohol offense can get your license suspended.

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