MIP but Never Took PBT

[perozo32]

Michigan

A few weeks ago, we had a party at our house on a College campus. The cops came to our door, and I went up to them to ask what the problem was. The Officer asked for my ID and I gave it to him. He then asked me to turn down the music and clear everyone out. I listened to him and went downstairs to do as I was told. I was going to return outside but everyone told me not to because he was simply writing tickets to everyone outside (the officer gave out 3 noise violations to everyone one of my room mates). So I stayed inside and went to bed. The Officer has then recently put a warrant out for my arrest for a MIP and a Noise Violation. I went to got a copy of the Police report and the Officer wrote in the report that I had a strong odor of alcohol coming from my breath and slurred speech. But, I never took a PBT or any sort of field test, and the Officer never came into the house to arrest me, if he did assume I was intoxicated (which I feel he must have if he knew I was drunk, because I then become a public risk correct?). This is my very first charge of any kind and I am 20 years old. I was wondering if this sort of ticket will be able to hold up in court and why, since the Officer truly has no proof of me drinking. Also there was no common source of alcohol at the party, so I did not even have alcohol in my possession. Thanks.

 

[justalayman]

what are the specific laws cited?

 

[Zigner]

MIP doesn't require consumption.

 

[perozo32]

what do you mean specific laws cited?

and Minor in Possession is being a person less than 21 years of age did then and there possess or attempt to possess alcohol or consume or attempt to consume alcoholic liquor

Is that what you are asking?

 

[perozo32]

I understand MIP doesn't mean consumption but it means consumption or possession, how can he prove either, the police report says nothing about me possessing alcohol, whether it be inside or in my hand (which it wasn't) it simply says I had strong odor of alcohol from my breath and slurred speech

 

[justalayman]

it starts with MCL and is followed by a series of numbers.

 

[justalayman]

it simply says I had strong odor of alcohol from my breath and slurred speech

and that is generally enough to prove the charge.

 

[perozo32]

Well, I can't seem to locate that number because I never actually received that ticket, just a warrant in the mail. I guess I have another question though. Because I was given a Noise Violation (misdemeanor), I guess I am afforded the right to trial by judge or jury. Would it best to take diversion, since I see this happening because I have never had an MIP, or possibly fight this with trial by jury? I have asked the judge for a pre-trial with the Prosecuting Attorney, what is the deal that is likely to be offered?

 

[CdwJava]

Possession is a crime of dominion and control. If you were a responsible party at the house, and there was alcohol present and you had the present ability to exercise dominion and control, you were arguably in possession.

Consult legal counsel and proceed from there.

As a note, consumption would not generally require a PBT or chemical test. Typically, the officer's observation of the alcohol on your breath and your demeanor and objective signs of consumption would be sufficient.