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  1. #1
    Join Date
    Apr 2008
    Posts
    1

    Unhappy MIP In Michigan Without a Breathalyzer

    Over the weekend, I was at a small party at Grand Valley University where I was visiting a friend. I had 4 mixed drinks but at this time I had not drink in over two hours. As we were leaving, 4 police officers banged on the door of the apartment and entered without being let in. My friend and I were right near the door and they took us outside instantly. They asked us how old we were, and we said we were not 21 and eventually gave them all of our identification. One officer waved his pen in front of me and told me to follow it with my eyes, and I followed it perfectly(which he admitted to me) and then proceeded to write out an MIP.The officers issued an MIP citation to both of us without giving us a breathalyzer test. I have never been in ANY trouble with the law, and honestly have never even spoken to a police officer in my life. I was terrified and crying the entire time. My question is this: Is there any way that I can fight this citation under the ground that he had no reasonable evidence that I was drunk besides my coerced admittance(He spoke with leading questions "You girls have been drinking right? so how much did you have?) I don't see how you can give an MIP without assurance that the individual actually consumed alcohol.
    Also, can an MIP affect my insurance or driving record?
    I appreciate any advice or suggestions you may have. I really don't know how to approach this situation and deal with it.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: MIP In Michigan Without Breathalyzer

    You weren't cited for being drunk, you were cited for having alcohol at all. Michigan law says no alcohol for those under 21 at all, period.

    Your answer was not "coerced". You weren't threatened, you were merely asked if you'd been drinking. It's not illegal for him to ask in a tone assuming an affirmative answer. You have the option of saying "Nope!" and then being hauled off to blow.

    You answered in the affirmative. He busted you fair and square.

    Since it's your first offense, you'll likely just get a fine, a substance abuse class, and probably community service.

  3. #3

    Default Re: MIP In Michigan Without Breathalyzer

    she said that the cops let themselves in without permission. i thought that they need permission before entering.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: MIP In Michigan Without Breathalyzer

    They apparently believed that they had probable cause that unlawful activity was continuing inside the premises.

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: MIP In Michigan Without Breathalyzer

    Quote Quoting mhalweg
    View Post
    she said that the cops let themselves in without permission. i thought that they need permission before entering.
    Oridinarily, either an arrest or search warrant is needed to enter a home.

    Entry can also be legally gained by either express permission (consent) of the owner or someone who has "apparent authority" to give it.

    A 911 call will also give officer's authority to enter a home, say if the caller states a person is being attacked/domestic violence, etc.

    Without such above, thier must be an emergency, or exigent circumstances, such as a dangerous felony fresh pursuit, OR such entry could also be premised on a "community caretaking" function, to check on the safety of minors, as alcohol poisoning is more of a possibility for an underage person than adults who are somewhat tolerant of it.

    The poster, of course, can argue the entry was unconstitutional, as is permitted for a defendant in a home entry case, however, don't rely on such being sustained??

  6. #6
    Join Date
    Jun 2008
    Posts
    250

    Default Re: MIP In Michigan Without a Breathalyzer

    you told on yourself basically. and when ever a police officer knocks on your door at a party go outside and immediately close the door.

    You can argue on the fact of illegal entry if indeed your friend who opened the door didnt let the cops on. But, if the cops can see inside and see illegal activity going on the can come in

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