MIP Citation Michigan

[daryahhh]

What is the name of your state (only U.S. law)? Michigan

 

[daryahhh]

Mip citation in Michigan

Myself and a few friends were up north in krakow township a week ago. One of our friends got really drunk and started screaming at everyone and we tried to calm him done but the neighbors ended up calling the cops. We did not know this at the time. I was sleeping in a camper and got up to walk into the house to grab a water bottle on my way back to the camper I was stopped by three state troopers. Long story short they held us all together in a group, called us out to the car two at a time made us blow into the breathalyzer and those who blew above .02 got mip citations. I blew a .088. My question is that the court date is on Monday and what should I do. Should I plead guilty or not guilty? Does getting a lawyer make a difference? And what is the chances of being put on probation because I am supposed to go the Canada next weekend.

 

[Ohiogal]

Myself and a few friends were up north in krakow township a week ago. One of our friends got really drunk and started screaming at everyone and we tried to calm him done but the neighbors ended up calling the cops. We did not know this at the time. I was sleeping in a camper and got up to walk into the house to grab a water bottle on my way back to the camper I was stopped by three state troopers. Long story short they held us all together in a group, called us out to the car two at a time made us blow into the breathalyzer and those who blew above .02 got mip citations. I blew a .088. My question is that the court date is on Monday and what should I do. Should I plead guilty or not guilty? Does getting a lawyer make a difference? And what is the chances of being put on probation because I am supposed to go the Canada next weekend.

You are guilty. The fact that you don't care that you broke the law doesn't really matter. I wouldn't count on going to Canada.

 

[quincy]

Myself and a few friends were up north in krakow township a week ago. One of our friends got really drunk and started screaming at everyone and we tried to calm him done but the neighbors ended up calling the cops. We did not know this at the time. I was sleeping in a camper and got up to walk into the house to grab a water bottle on my way back to the camper I was stopped by three state troopers. Long story short they held us all together in a group, called us out to the car two at a time made us blow into the breathalyzer and those who blew above .02 got mip citations. I blew a .088. My question is that the court date is on Monday and what should I do. Should I plead guilty or not guilty? Does getting a lawyer make a difference? And what is the chances of being put on probation because I am supposed to go the Canada next weekend.

Getting a lawyer can often help, as an attorney can ensure that you are offered diversion instead of having the misdemeanor entered. A misdemeanor on your record can keep you from traveling to Canada (and that would be the least of the problems you could experience with a criminal record). An attorney could also, potentially, have the MIP charge dismissed outright (although I wouldn't count on this).

If you have not lined up an attorney by Monday, it is generally recommended that you plead "not guilty" at your arraignment and a new hearing will be scheduled. In the time between your first hearing and the subsequent hearing, you should consult with an attorney in your area.

The diversion program will require you meet certain conditions during a probationary period (often of 6 months duration) and these conditions can include community service hours, alcohol/drug abuse classes, fines. If all terms of the program are met within the probationary period, and you have not reoffended, your MIP will be discharged and dismissed and there will be no record of it.

Because the diversion program requires you plead guilty to the MIP charge, any legal entanglements you have during the probationary period can allow for this guilty plea to be entered and you wind up with the misdemeanor and all that a misdemeanor record entails (possible loan, employment and scholarship denials, higher insurance premiums, restrictions on out-of-country travel).

I suggest you consult with an attorney in your area for advice and direction. Some attorneys offer payment plans to make representation more affordable.

 

[davew128]

I am by no means condoning underage drinking, but does anyone else have a problem with detaining people on their own property and compelling them to submit to a breathalyzer?

 

[Isis1]

I am by no means condoning underage drinking, but does anyone else have a problem with detaining people on their own property and compelling them to submit to a breathalyzer?

the camper was on private property?

was the state trooper called because of the disturbance of the peace?

 

[daryahhh]

The camper was on private property the troopers were called because we were being loud.

 

[Zigner]

I am by no means condoning underage drinking, but does anyone else have a problem with detaining people on their own property and compelling them to submit to a breathalyzer?

He wasn't on his own property.

 

[quincy]

Private property and not camping in Thompson's Harbor State Park, daryahhh?

There are both campsites and cabins in the Park and Krakow Township itself has less than 1,000 permanent residents.*





(*late edit to add: I had planned to expand on the above sentence but at the time of posting I was called away to do some real work and had to leave my thoughts unfinished - now I am just going to leave my thoughts that way )

 

[daryahhh]

I'm not quite sure what you're saying. My friends family own a cabin that we were staying some of us had campers parked outside the cabin.

 

[davew128]

He wasn't on his own property.

The OP disagrees with you. In any event, I am unaware of anything which allows an officer to forcibly compel someone not operating a motor vehicle to a chemical test (the breathalyzer).

 

[Zigner]

The OP disagrees with you. In any event, I am unaware of anything which allows an officer to forcibly compel someone not operating a motor vehicle to a chemical test (the breathalyzer).

The OP (original poster) says clearly that he wasn't on his own property.

 

[davew128]

The OP (original poster) says clearly that he wasn't on his own property.

And the fact that he is still on private property with permission changes the result?

If it is permissible for an officer to compel someone not operating a motor vehicle to a breathalyzer test, I would like someone who knows this to be true to explain the legal rationale. I think that is an interesting legal issue to discuss.

 

[quincy]

The OP disagrees with you. In any event, I am unaware of anything which allows an officer to forcibly compel someone not operating a motor vehicle to a chemical test (the breathalyzer).

davew128, I do not see where daryahhh says he was "forcibly compelled" to submit to a breathalyzer. I do see where he says he and his friends were "made" to blow into the breathalyzer.

How they were made to blow, however, has not been detailed - and where they were made to blow has not been detailed (on the public road?).

It is possible that daryahhh and his friends were intimidated by the police presence. It is also possible that daryahhh and his friends were so worried about having consumed alcohol or about parental reactions to their vacation antics that they failed to consider (or may not have known) that they could legally refuse the breath test. But, if darryahhh and his friends did not refuse to be tested, the officers could breathalyze them.

Michigan found, as a note, that "pedestrians" cannot be breathalyzed without consent or a warrant. It is unconstitutional. There is no implied consent given by pedestrians as there is when a person gets a driver's license in Michigan and is in a vehicle.

I believe it would be smart for daryahhh to have an attorney in his area personally review all of the circumstances that led to the MIP citation. The attorney might be able to work with the facts to get the ticket dismissed. The attorney can help, at any rate, ensure daryahhh is offered diversion.

 

[davew128]

A fair enough analysis, Quincy.