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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 12-29-2004, 08:56 PM
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Join Date: Dec 2004
Location: Michigan
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M.I.P. questions on procedure


What is the name of your state?What is the name of your state?Michigan

Last night my friend and I were on our way driving home around 2:30A.M.. at this time my friend was getting pulled over, he was driving and I was in the passanger seat. the officer asks my friend if he knew why he was getting pulled over. my friend said no and the officer told him it was for speeding. he assumed he was drinking and had him step out of the car. at this time i am unaware what happened to my friend behind the car but i knew he was getting a subriety test because i could hear. he was put into the back of the squad car. the officer came up to my side of the car and asked me if i had drank at all tonight, I said no, and the officer asked me to step out of the car. i did and he asked me to say my A,B,Cs. I did and then he told me to step in front of his car so i did and he came back with a breathalizer machiene. he then walked over to me and said "blow into this until i tell you to stop" after that i asked him isnt this against my rights to just make me blow into the machiene, he said some mumbo jumbo and i went on my way. to sum it up i ended up getting an MIP and another officer took me home and my friend to jail with a DUI. My question is this; shouldnt the cop have told me my rights as to taking a breathalizer because i found out later that i did not have to take that breathalizer i could have refused and no MIP could be given to me. can you help me figure this out. I have a clean record and i made the stupid mistake of drinking and getting in the car with a retard who speeds while drunk. is there anything that i can do to avoid fines and this ticket? thank you for your time
  #2  
Old 12-29-2004, 10:14 PM
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You could have said, "No." But apparently you didn't. So, the test will be in.

However, if the police believed you were a minor that had consumed alcohol, and that consumption is illegal under MI law, they could have compelled you to take a chemical test unless MI law strictly forbids it. Federal case law permits it.

- Carl
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....author unknown
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