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  1. #1
    chriss886 Guest

    Unhappy Logical Alcohol Inquiry

    I live in Michigan.
    Hello. I am a 19 year old male who in the past two years has had my liscense revoked for 2 drinking and drivings. Almost a year ago I received a Minor In Possession of alcohol, and I blew almost .10, which isnt much. I served two small (30, 54) jail sentences for one of the DUIs and the mip (well also I had probation, AA meetings, etc). The other night a police officer was called to the house I was at about someones warrant and he saw me with a beer in my hand, although I had only sipped it a few times. I did a pbt and it came up .030 because it was so recent on my breath. I asked to do it again in a few minutes, so before he got done with my ticket he pbt'd me again. I hadnt moved or done anything in this time. The first pbt result was .000, as was the second right after that. So he thought I had something in my mouth, I showed him otherwise and I gave a huge breath on the pbt, it came out .000 or .001 but it went up(?) to .006 or .008 something small like that. He still gave me the ticket and I have to appear in court for it soon. I was planning on talking to the officer about it all tomorrow. What I want to know is, is there any way to have the charges dismissed without going to a hearing, and what kind of judgement do you suppose I would get? I am not currently on probation. Thank you lots.
  2. #2
    racer72 is offline Senior Member
    Join Date
    Jan 2001
    Posts
    14,044
    19 years old with a beer in your hand. You don't learn your lessons very well do you? I would suggest you hire a good attorney.
  3. #3
    chriss886 Guest
    And what exactly would we do? Plead not guilty to holding a beer? Argue that there was noone 21 or above there and still beer cans/empties in front of and all around the other minors and no action was taken torwards them?
  4. #4
    chriss886 Guest
    I wish someone with some helpful insight would post. I mean whats this "You dont learn lessons very well" blah blah. What are you talking about sir? I knew it was illegal the first time I did it, its not like I had to be arrested 3 times for different alcohol offenses for me to realize it was illegal. I believe age is a state of mind and after my drinking and driving and all the classes and such Ive attended, I drink very responsibily, but here I feel like I have been harassed by this officer. I had much less alcohol in my blood than I would have if I took a dose of nyquil. So if I take a small dose of nyquil and am returning beer cans to the store, I should get an mip and be locked up? And the 16 year old thats stumbling around outside the store drunk as **** should just be ignored? Thats what I feel like.
  5. #5
    4LilMan Guest
    Well a judge is not going to care about the kid stumbling around outside, b/c this is about YOU and not the 16 y/o kid. He is going to look at your previous offenses, and then he is probably going to make his decision based on that. You are 19 years old and underage and you just said that you were drinking. Whether it is a small sip of alcohol or 10 beers, the fact of the matter is that you are drinking underage. Judges don't care about your 'age is just a state of mind' philosophy. You say you drink responsibly, but drinking responsibly is not drinking at all. After drinking a certain amount of alcohol your judgement is impaired and you DON'T know if you will decide to get behind the wheel of a car again. And if you do, you will be putting innocent children, men,and women who are traveling in danger. Visit a "MADD" website. You are still very young. I don't drink myself, my dad was an alcoholic and after a certain point became violent. It makes you think twice about drinking, b/c you don't want to wind up like being like the ***hole who beat the hell out of your mom, yourself, & siblings....just some food for thought. Instead of drinking, concentrate on your future so that you can have a better life than that of a person who is completely alcohol dependant. Good luck and I hope that you make the decision not to drink anymore. It is definitely in your best interest and I would say that someone upstairs is definitely trying to tell you something, with all of the offenses you have had.
  6. #6
    chriss886 Guest
    Yes but you do not understand, I was targeted out of everyone because the officer knew me. There was maybe one beer after that I could have drank left in the house and I didnt plan on it because I had to leave within a half an hour. If alcohol is so bad, why is it legal? Why dont people make marijuana legal? You ever heard of anyone getting beat because their dad was stoned? Or 'local man under influence of marijuana kills several in car crash'? pfft you compare the statistics and then tell me that Americas laws arnt the slightest bit messed up. And please, dont tell me any false truths about pot, like how it kills your brain and what not, I am currently enlisted in NORML and am highly educated in this field. The just of this entire MIP thing, is that I was singled out for holding a beer, when the pbt clearly stated that I wasnt the one who drank all the beer cans/half full beer cans all over the table where everyone was sitting. I was targeted and just because you believe youth are ignorant and naive and shouldnt be allowed to drink due to the statistics, it doesnt necessarly mean we are all the same or that you are always right for that matter. I believe at 19 you can drink anywhere in the world besides the USA, so does that mean that our law makers are much more intelligent and sensable than those of other nations? I think not. All the state wants is my money. They could give a **** less about my so called rehabilation. Also according to counselors, alcohol assessors and the like, I have no dependance on the drug. I have rambled enough.
  7. #7
    4LilMan Guest
    I did not put any youth down in my post. You are correct, there are people who do crazy things under the influence of any substance. What I was saying is that you are so young and you keep getting slammed with these charges which is not going to do you any good in the future (i.e. trying to get a job, etc). There is no 'conspiracy' against youth. I was just giving you examples of what may be going through a judge's head while he is hearing this case. Maybe you can bring some witnesses to the fact that this guy picked you out of the entire group of people, but no one can really tell you what a judge is going to decide. Maybe you need to get a free consultation with a lawyer. And to be quite honest with you, I don't think that any of it should be legal, JMO. Good luck with your case.
  8. #8
    chriss886 Guest
    From my impression, there are supposed to be legal counselors of some sort here for simple questions such as mine. My new jobs starting date has to be postponed to the day after court just because I dont know if I will get time.
    When I go into the courtroom, I will have one direct witness with me, she is the one who had the warrant and was not drinking or anything. Will I be able to have her opinion voiced? Since this is just a hearing, what all would I be able to get across about the circumstances since I will be pleading guilty? Or should I even plead guilty? Someone educated in the legal field please help me, Im trying to get my life straighted out as far as holding my own in the world but this may be a huge set back. Thank you.
  9. #9
    A.J.HASEK Guest
    chriss
    the best thing you can do is repost and ask IAAL to answer your
    questions that person works in the legal field he will tell you how it is
  10. #10
    chriss886 Guest
    I dont see any need to repost. I just hope that Mr Liable will run across my thread and give some helpful advice.

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