Michigan MIP

[raebuck]

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

I have a friend who received an MIP last night. Officers approached him on is off-campus college apartments while he was walking a friend home. The officer's claimed that he reeked of alcohol, and that they did not need a breathalyzer to confirm he had been drinking (he had one shot the whole evening).

How should he plea at his court date? The officer's don't have any real proof that he had been drinking. So, it's his word vs. the officers?

 

[quincy]

Reeking of alcohol gives a police officer reasonable cause to believe alcohol has been consumed, and with this reasonable cause the police officer can require that the person submit to alcohol testing. Without breathalyzer or blood test results to back up the officer's claims that your friend had been drinking, however, the MIP has a good chance of being dismissed.

If this is your friend's first MIP, he would probably be offered a diversion program which, if he met all of the terms of probation satisfactorially, would result in the charges being dismissed and he would not have a misdemeanor on his record. But I think, if the facts are as you describe them, the MIP might be dismissed outright - so he could avoid probation (and its accompanying community service hours, alcohol ed classes, fines, random drug testing).

Have your friend consult with an attorney in your area. On-campus attorneys often offer special fee "deals" to students. It would be worth your friend's time and dollars to see the attorney.