Minor in Consumption - With Parent

[stephanieann]

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

First off, I am 19 years old. On July 3rd, 2011 I went out to eat with my parents in a restaurant located in Wisconsin. My parents allowed me to drink while dining since it is legal and such. Anyways, after dinner my parents and I went to fireworks located in Michigan (the last drink I consumed was legally in Wisconsin).

Before the fireworks started, my parents went to the restrooms. I saw a group of my friends a little ways off and decided to go say hi really quick. Upon being there for about a couple minutes, the cops pulled up and asked me and two other people to step over towards them (about five other girls I was with ran off, leaving us three there). I complied and thought nothing of it as they gave me a PBT since I was with my parents and hadn't consumed in Michigan.

They ended up citing me with an MIC, which I fully understand since I did have alcohol in my system. I complied with everything they said and figured I could just tell my story to the prosecutor with my parents present. The meeting with the prosecutor is on Monday the 1st.

To get to my question: Can I get this MIC dropped?

I understand that I walked away from where my parents had left me while they ventured to the restrooms, but I was still in the same vicinity as they were at the time.

The link below shows a law (number five) that states that I was perfectly innocent in this act.

5. The new law permits 19 and 20 year olds who consumed alcohol legally the
option to use this as an affirmative defense.
The law now includes a provision for minors who legally consume alcohol in Canada
or Wisconsin to offer this as “an affirmative defense” in a criminal prosecution. This
means that the police may arrest any youth with a BAC of .02 or above. If the youth
can prove in a court of law that he/she consumed the alcohol in a venue or location
where that consumption is legal, the charge will be dismissed. It is not an issue on
citing a minor with MIP. NOTE: The affirmative defense does not affect the zero
tolerance section for the OWI law. It is still illegal for a minor to drive with a BAC of
.02 or more

http://www.michigan.gov/documents/MIP_Law_Talking_Points_September_2004_110123_7.pdf

Thanks in advance!

 

[Banned_Princess]

if you and your parents get nowhere talking to the DA on your court date, ask the judge to put the case off a month to get a lawyer.


but I dont know whats going to fly.