Innocent MIP

[Nicolavesia4]

What is the name of your state (only U.S. law)? Michigan. Hello guys I really need you help. Yesterday I got arrested by a police officer because I was throwing snowballs to my friends and I accidentaly hit a car.
He arrested me and did not read my rights and just took me to the police department, when I got there, they asked me If I wanted to get the breath test, but I refuse even tho I did not have any alcohol in my sistem, so then they took my to room where I had to wait 8 hours to see if a wanted to take the test or not and than I had to pay a fee to go. The second time I was asked to do the test I accepted and I got 0.000 so I paid the fee and they let me go. They gave a court order and they said that I have to go to face my charges. The charges were and MIP (which I dont understant why)(i am 18 I know but did not drink) and a disorderly conduct charge. My question is, what should I do? I am not giulty fot the MIP and the car was an accident, is it gonna stay on my record? By the way, I am an international student. I will really appreciate your help thanks.

 

[FlyingRon]

Something's missing from this thread. Why did they think you might be guilty of this crime? Did you have alcohol near/with you? Empty containers? What?

 

[HighwayMan]

You didn't "pay a fee". You probably had to post bail in order to be released. Miranda warnings mean nothing unless you are interrogated in police custody which it doesn't sound like you were for such a minor incident.

 

[Nicolavesia4]

That is it, nothing is missing, I did not have any containers, nothing! I am thinking that maybe it was because I refused the bac the first time?

 

[quincy]

What is the name of your state (only U.S. law)? Michigan. Hello guys I really need you help. Yesterday I got arrested by a police officer because I was throwing snowballs to my friends and I accidentaly hit a car.
He arrested me and did not read my rights and just took me to the police department, when I got there, they asked me If I wanted to get the breath test, but I refuse even tho I did not have any alcohol in my sistem, so then they took my to room where I had to wait 8 hours to see if a wanted to take the test or not and than I had to pay a fee to go. The second time I was asked to do the test I accepted and I got 0.000 so I paid the fee and they let me go. They gave a court order and they said that I have to go to face my charges. The charges were and MIP (which I dont understant why)(i am 18 I know but did not drink) and a disorderly conduct charge. My question is, what should I do? I am not giulty fot the MIP and the car was an accident, is it gonna stay on my record? By the way, I am an international student. I will really appreciate your help thanks.

When and in what Michigan county did this happen, Nicolavesia4?

Were these "snow" balls that were thrown or could they more accurately be described as "ice" balls?

Was the car damaged when it was hit? Was it the driver who called the police?

Following are links to Michigan's Disorderly Conduct law and the penalties that are possible:

http://www.legislature.mi.gov/(S(bqfoncynfayxgdp3btgoa3xb))/mileg.aspx?page=getObject&objectName=mcl-750-167

http://www.legislature.mi.gov/(S(5nqidql2dr3yhbgldhwlx3nz))/mileg.aspx?page=GetObject&objectname=mcl-750-168

If you were not intoxicated, I do not see how the disorderly conduct charge applies. Perhaps you will know if any of the elements needed for this charge can be supported.

For the MIP, you do not have to be consuming alcohol to be guilty of this charge. For a possession charge, if there was any alcohol within your reach, you can be convicted on this charge. You would be "in possession" of the alcohol.

Because both the MIP and the disorderly conduct charges are misdemeanor charges, you would be very smart to consult with a criminal defense attorney in your area of Michigan and this is what I advise. You want to avoid a criminal record as that will affect you in all sorts of terrible ways.

Some county judges are pretty tough on violators and others are more likely to grant diversion. With what you describe and based on nothing else but the scanty facts you have provided, both of your charges could be dismissed entirely. But you will want an attorney who knows the judge, the prosecutor and, of course, the laws, to assist you and better your chances of getting off without a criminal conviction.

Good luck.

 

[HighwayMan]

... and a disorderly conduct charge.

Since there is apparently no such charge (it's not called that) in Michigan maybe you can tell us the number of the statute that you were charged with.

 

[quincy]

That is it, nothing is missing, I did not have any containers, nothing! I am thinking that maybe it was because I refused the bac the first time?

My links to the law and the penalties now work, if anyone was having difficulty with them, but Highwayman is correct. The offense itself (MCL 750.167) is called "disorderly person" (although it would not be unusual to hear it called disorderly "conduct").

And the offense does not seem to apply to what you have said, Nicolavesia4.

In fact, there is much that does not make sense about what you say.

Perhaps you can answer all of the questions asked? That can help us help you - although the advice will ultimately be to seek out the assistance of a criminal defense attorney in your area of Michigan.