MIP without breathalyzer or admitting.

[aschild]

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

I got an MIP at GV, so yes I get the infamous Judge Post to deal with. My friends and I were walking and the cops stopped us my two friends said that they had been drinking but werent breathalyzed either. I hadn't been drinking, but they gave me an eye test and apparently they were red, which sucks cuz i work with fiberglass all day and had been on no sleep, as i worked 24 hrs in two days. But, I have a feeling I can plead not guilty and win, because there is no record of me taking a breathalyzer or admitting I had drank. Just mostly guilty by association. I am stuck as to what to do.

 

[stealth2]

You were with friends who admitted to drinking, and the cops could likely smell it. And you looked like you'd been drinking. Wrong place, wrong time. Maybe time for new friends.

 

[Johnny Mac]

I don't think that MIP requires the minor to have consumed the beverage, just to have it in his possession.

 

[sandyclaus]

I don't think that MIP requires the minor to have consumed the beverage, just to have it in his possession.

True. But some states allow an MIP charge when there is conclusive evidence that a minor has consumed, even though they do not have it in their possession. In this case, their "body" possesses the alcohol.

If OP had a telltale odor of alcohol on their breath, that might be enough. An admission or a breathalyzer record would have been conclusive. Just the mere odor of alcohol may not be, but that, along with the other signs (the red eyes, the lack of coordination) could be used to build a strong circumstantial case without a voluntary admission or confession.

 

[Johnny Mac]

Well I guess they have to possess it before they can consume it lol...

Its not a murder case .. I would think that we all/most have been guilty of this crime ... & just we did not got caught (or maybe some did get caught).

The minor can go on and live a long & prosperous life after this is settled.