Results 1 to 2 of 2
  1. #1

    Default Minor in Possession of Alcohol Charge

    My question involves criminal law for the state of: Michigan


    Alright, so my question involves a situation that I was recently involved in;

    I was recently handed a "uniform law citation" for a minor in possession of alcohol charge,

    I was at my brothers house and I was sitting out on his front step with my friend when a local police officer pulls up and shines his spotlight on the two of us;

    The police then question us as to whether or not we had been drinking, I politely told him no and was then asked to go and get my brother, the tenant of the home

    after the officer questioned my brother, the officer asked for him to gather up the other minors (under 21) in the apartment and bring them outside; 5 of us altogether

    he then proceeded to start the eye test; "Follow my finger, without moving your head..." as we each proceeded to do this a second police cruiser pulled up

    After that he questioned us individually, "How much have you been drinking?" "Will you submit to a breath test"... We denied drinking, and refused the breath test;

    He then began conversing with the other officers and then went into his car, we sat there for what felt like an hour in cold weather... the officer then cited each of us with an MIP

    My question is this, if we denied drinking, refused the breathalyzer and had no alcoholic beverages in our possession, is it legitimate for him to cite us with an MIP?

    any help would be greatly appreciated in this situation

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Minor in Possession of Alcohol Charge

    If the officer concludes from your odor, demeanor, or other evidence that you have been drinking, your refusal to cooperate with testing won't prevent the officer from issuing a ticket. Really, odds are your refusal confirmed in the officer's mind that he was correct that you had been drinking.

    1. Sponsored Links
       

Similar Threads

  1. Minor in Possession: Minor in Possession of Alcohol
    By kfarr21 in forum Criminal Charges
    Replies: 2
    Last Post: 04-25-2011, 07:00 PM
  2. Criminal Records: Minor in Possession of Alcohol
    By montconat in forum Criminal Records
    Replies: 1
    Last Post: 04-03-2010, 06:33 PM
  3. Minor in Possession: Minor Possession of Alcohol
    By archangel1st in forum Criminal Charges
    Replies: 1
    Last Post: 12-23-2009, 12:44 PM
  4. Minor in Possession: Possession Of Alcohol by a Minor (MIP) - No Contact with Alcohol Whatsoever
    By snazrob in forum Criminal Charges
    Replies: 20
    Last Post: 01-12-2009, 03:33 PM
  5. Minor in Possession: "Minor in Possession" Alcohol Charge in California
    By dashabul in forum Criminal Charges
    Replies: 1
    Last Post: 01-16-2008, 05:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources