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fighting open intox ticket in saginaw michigan

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jimmydork

Junior Member
What is the name of your state (only U.S. law)? saginawwas pulled over by 2 state police because someone called and alleged we were drinking in the car.were treated like bank robbers passed all the sobriety tests never admitted to drinking in car..except the mountain dew quick star.said he had probable cause because of the phone call..i said that was hearsay and they found no proof.. but kept asking me to take cooler out of car..then asked me at least 5 times if i would or give him permission to open it..i said if u are asking me i gotta say no..but he said he could anyway because he had probable cause..why keep asking my permission if he didnt need it? finally said you keep telling me you can do it anyway so isaid do what you think you need to do..not once telling him i give him permission for anything..he opened it found one empty returnable beer can.the cooler was in the back seat closed and iwas driving and never gave him permission to open cooler
 


What is the name of your state (only U.S. law)? saginawwas pulled over by 2 state police because someone called and alleged we were drinking in the car.were treated like bank robbers passed all the sobriety tests never admitted to drinking in car..except the mountain dew quick star.said he had probable cause because of the phone call..i said that was hearsay and they found no proof.. but kept asking me to take cooler out of car..then asked me at least 5 times if i would or give him permission to open it..i said if u are asking me i gotta say no..but he said he could anyway because he had probable cause..why keep asking my permission if he didnt need it? finally said you keep telling me you can do it anyway so isaid do what you think you need to do. .not once telling him i give him permission for anything..he opened it found one empty returnable beer can.the cooler was in the back seat closed and iwas driving and never gave him permission to open cooler
iwas driving and never gave him permission to open cooler

yes you did give him permission when you with slurred speech uttered the words


""do what you think you need to do""

that's all he needed to hear


btw your handle jimmydork... said it all
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? saginawwas pulled over by 2 state police because someone called and alleged we were drinking in the car.were treated like bank robbers passed all the sobriety tests never admitted to drinking in car..except the mountain dew quick star.said he had probable cause because of the phone call..i said that was hearsay and they found no proof.. but kept asking me to take cooler out of car..then asked me at least 5 times if i would or give him permission to open it..i said if u are asking me i gotta say no..but he said he could anyway because he had probable cause..why keep asking my permission if he didnt need it? finally said you keep telling me you can do it anyway so isaid do what you think you need to do..not once telling him i give him permission for anything..he opened it found one empty returnable beer can.the cooler was in the back seat closed and iwas driving and never gave him permission to open cooler
Here is a link to the law you are said to have violated (MCL 257.624a):
http://www.legislature.mi.gov/(S(r5220wpmklngw2magsaxte1f))/mileg.aspx?page=GetObject&objectname=mcl-257-624a

A phone call to the police can result in a legal stop by the police. And I agree with drruthless that it appears you essentially gave the police permission to look inside the cooler.

Questions: How old are you? Did the car you were driving have a trunk? Was the cooler easily accessible to your passenger? Were you given a breathalyzer?

If convicted on the charge, which is a misdemeanor, you will receive 2 points on your driver license. Because having a misdemeanor conviction can affect your employment opportunities, school choices, financial aid, loan rates, insurance rates, travel ... I recommend you consult with an attorney in Saginaw. This is the best way to ensure your rights are protected and this is your best hope for a reduction or dismissal of the charge.

Good luck.
 
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