Michigan MIP question

[qwerty123]

Michigan.

I am a 19 year old student at the University of Michigan, Ann Arbor. Friday night my RA called the police on my dorm room because we were "too loud". I had 11 people in my room and 7 were issued MIPs (including myself). Also, about 15 beers and about a quarter of a handle of vodka was confiscated from my room. I was talking with a friend today and he took a breathalyser and got an MIP. He later found out that he could refuse a breathalyser and get a $100.00 ticket (but no MIP). Somehow he had his MIP reduced to a refusal to take a breathalyser. I was wondering how I could do this, or if there are any tips on how to get rid of the MIP.

One thing I also wasn't sure about: The police officers said that we were technicality under arrest, we did not have any rights read to us, could the case be thrown out.

Any information would be greatly appreciated. Thanks in advance.

[racer72]

. I was wondering how I could do this, or if there are any tips on how to get rid of the MIP.

Plead stupidity. You were cited for "Minor In Possession", not consumption. The breathylizer results are really irrelevent.

The police officers said that we were technicality under arrest, we did not have any rights read to us, could the case be thrown out.

Miranda is required only prior to questioning. If you were not questioned, Miranda is not required.

[qwerty123]

Originally Posted by racer72

Plead stupidity. You were cited for "Minor In Possession", not consumption. The breathylizer results are really irrelevent.

I don't understand how this is possible... My consumption is the reason for the MIP. Also, in Michigan the body is considered a container. Also, there were about 15 beer cans and a quarter of a handle of vodka confiscated from my room. (*I added this information to my original post)

Originally Posted by racer72

Miranda is required only prior to questioning. If you were not questioned, Miranda is not required.

What kind of questions does this entail? I mean the officers asked me a few things, like "have you been drinking" and also asked for information (name, address, etc).

[JETX]

Originally Posted by qwerty123

I don't understand how this is possible... My consumption is the reason for the MIP.

Where did you get that??? Consumption is only ONE of the prohibitions.. and based on your post you WERE in possession.
Per the Michigan Code:
Sec. 703.
(1) A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided in this section. A minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions and is not subject to the penalties prescribed in section 909:

Your simple arrest (or citation) is NOT sufficient to require being mirandized. The evidence of your guilt was in clear sight (per your post).

For more: [url]http://www.michigan.gov/documents/MIP_Law_Talking_Points_September_2004_110123_7.pdf[/url]

[qwerty123]

JETX, thanks for that link.

After reading the document, I am a little confused by this:

3. The new law gives a first-time offender the break of not having a misdemeanor
record if he/she completes probation requirements.
This law provides for a discharge and dismissal for a first offense. When an
individual who has not previously been convicted of, or received a juvenile
adjudication for, a violation of the MIP laws, the court – without entering a judgment
of guilt and with the consent of the minor – could defer further proceedings and
place the individual on probation. The probation terms and conditions would include,
but not be limited to, payment of the costs as provided under the Probate Code and
the Code of Criminal Procedure and payment of a probation supervision fee as
prescribed in the Code of Criminal Procedure. The court will maintain a nonpublic
record of the arrest, admission, and education/treatment/community service
requirements while proceedings are deferred and the individual is on probation.

Do I have to ask for this, or is it at the discretion on the court?
I'm a little confused by this sentence too: the court – without entering a judgment
of guilt and with the consent of the minor – could defer further proceedings and
place the individual on probation.