Alcohol & Drugs: MIP, MIC, Intoxication MIPC Nevada

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vegaskid101

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I was recently walking home from a party and was stopped by police officers about halfway there. I was with two other people and none of us were showing any signs of inibriation, but one of my friends was carrying a beer. The officers saw this and said it gave them probable cause to breathalyze all of us. I am 18 years old and blew a .041, which allowed the police to give me a fine for minor in consumption. (NRS 202.020) One of my friends, the one without the beer, blew a .017 and was let go. My third friend put down his beer as soon as he saw the police car, but the officer questioned her abotu it and even pointed out the beer sitting on the sidewalk with his flashlight. She was breathalyzed and i have no idea what she blew but she was given no citation at all. Holding a beer should be automatic minor in possession, especially since the officer point it out, correct? Can I use the fact that she had blatantly committed a crime and was not given a citation as a defense in my own case? Also, when I just got a copy of the police report and it says that I was carrying the beer, which is not true. Can the report being filled out wrong by the officer be a way to get the crime dismissed?
 
"Can I use the fact that she had blatantly committed a crime and was not given a citation as a defense in my own case? "

IF you want to, but it would make you look like a whiner and then some. Pretty much, no.
 
It's most likely just your word against his, yes. Although the officer is wrong about you carrying the beer, it looks like you weren't charged with MIP but with consumption, wheras his evidence is your blowing a .041. A lawyer may be helpful, as perhaps the breath test wasn't administered correctly. Good Luck, and keep in mind it isn't going to help you if you point out your friends who weren't charged. . .how would you feel if the roles were reversed, and your friends pointed to you if you didn't get a ticket?
 
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