Charged with MIP - Should I Plead Not Guilty
My question involves criminal law for the state of: Michigan
I recieved an MIP over the weekend and i am going to court today for it.
I was in my boyfriends dorm room on campus, there were like 15 other people there drinking. He lives in a room with 6 other people so its not like he could have kicked them out. They cops ended up coming. They found alcohol bottles in the room i was NOT in, asked everyone to take a breathlyzer. I, like many others, refused because i thought it was my right. I took the pen sobriety test. the police report said i smelt of alcohol and failed the test. The alcohol the cop 'smelt' was from the bottles on the counter right next to me when we were talking. I know i passed the sobriety test as well. Should i plead guilty or not guilty?
Re: Charged with MIP - Should I Plead Not Guilty
The decision of how to plea is one you should make after consultation with a lawyer.
I would expect the prosecutor to take the position that, per the officer's observation of you and your odor, you had consumed alcohol, and by virtue of your proximity to open alcohol you were in constructive possession of that alcohol. If you truly had a zero BAC, you would have done yourself a big favor by taking the PBT.
Re: Charged with MIP - Should I Plead Not Guilty
I agree with Mr. K. I've always told my kids that if you didn't do it, why refuse to cooperate? If you weren't drinking, you would have blown a 0, and alleviated a lot of cost and heartbreak now.