Do i have a case?

[agcostie]

On Saturday March 14th, I received a minor in possession after being ppulled over by a michigan state police officer for the drivers vehicle having a burnt out license plate bulb. The officer immediately believed that we have been drinking. We were pressured by the officer to take a preliminary breath test. I blew a .023. I was never shown the .00 before taking the test. Also I was told I could face jail time if I refused the PBT. After doing much research today I found that I may have a possible case to argue my charge and possibly get the charge dropped. Based on what happened, do I have a solid case to argue and get the charges decreased or even dropped?

 

[quincy]

On Saturday March 14th, I received a minor in possession after being ppulled over by a michigan state police officer for the drivers vehicle having a burnt out license plate bulb. The officer immediately believed that we have been drinking. We were pressured by the officer to take a preliminary breath test. I blew a .023. I was never shown the .00 before taking the test. Also I was told I could face jail time if I refused the PBT. After doing much research today I found that I may have a possible case to argue my charge and possibly get the charge dropped. Based on what happened, do I have a solid case to argue and get the charges decreased or even dropped?

What county in Michigan were you in when you were pulled over by the State Police?

If you are thinking that you can have the MIP charge dropped based on the officer demanding a PBT, you might be thinking about PBTs for pedestrians instead of PBTs for those in vehicles. You can legally refuse to take a PBT when pulled over in a vehicle (unless you are the driver) but, if you refuse, you can be arrested and the police will get a warrant to have your blood tested at the hospital.

As a minor in Michigan, you are not allowed to drink at all so having anything over a BAC of 0.00 violates the law. And an MIP is not charged for consumption of alcohol. It is charged for being in possession of alcohol (even an empty beer can in the car can result in a charge).

You can consult with an attorney in your area for a review - and this is strongly advised. A minor in possession conviction is a misdemeanor. Having a misdemeanor record will affect your employment opportunities, school choices, financial aid, travel to Canada, insurance rates, loan rates ...

In other words, you want to find a way to avoid a conviction, possibly through a diversion program (community service hours, drug/alcohol classes, costs involved), which puts you on probation for 6 months to 2 years (depending on county) until all terms have been satisfied (this is available for first offenses only). Once satisfied, the MIP will be discharged and dismissed and there will be no public record of the offense (although the Secretary of State and law enforcement retain a record in case you offend again). If you violate the terms of probation and/or you reoffend during your probationary period, a MIP conviction can be automatically entered and you will wind up with a criminal record.

Having an attorney assist is the best way for you to escape the misdemeanor. If you are a student, and depending on your location in Michigan, some attorneys offer student discounts and you can find some attorneys offering payment plans.

 

[CdwJava]

On Saturday March 14th, I received a minor in possession after being ppulled over by a michigan state police officer for the drivers vehicle having a burnt out license plate bulb.

So, the stop was valid.

The officer immediately believed that we have been drinking.

Gee ... I wonder what gave it away? The bloodshot eyes? Slurred speech? Odor of alcohol emanating from your person?

We were pressured by the officer to take a preliminary breath test. I blew a .023. I was never shown the .00 before taking the test.

He was under no obligation even to show you the .023.

Also I was told I could face jail time if I refused the PBT. After doing much research today I found that I may have a possible case to argue my charge and possibly get the charge dropped. Based on what happened, do I have a solid case to argue and get the charges decreased or even dropped?

What argument would you make to get the matter dropped? What point of law do you think will result in the PBT reading getting tossed, or the officer being prohibited from testifying as to his observations (sound, sight and smell)?