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MIP following an OWI. Never Breathalized. Diversion possible?

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Ferv

Junior Member
What is the name of your state (only U.S. law)? Michigan
Age: 19 Year old Male
Previous Charges: Plead guilty to an OWI for marijunna when 17. Probation completed.

Last night I was awoken while sleeping on my friends futon in his dorm room by a police officer who had knocked on my friend's dorm room door and asked to come in for apparently smelling Weed from the Hall way (my friend has smoked previously at a party before I arrived in his room to sleep in, but there was none remaining in the room, and I had not partaken in the act). After I woke up, I was asked to go outside the room by another officer to be questioned about the weed in which I honestly admitted I had consumed 2 beers several hours earlier but had no knoweledge of my friend smoking in his dorm room (he didn't). I figured compliance was the best option seeing as in general the cops at my college are leiniet, and I was clearly acting docile and coopoperative. The officer then informed me that I wasn't going to get in trouble for anything, and asked if I had any alchohol on my possessions in the room, in which I admitted to a half open bottle of vodka that was in my backpack and had been there for a few days, figuring it would just be confiscated due to the officer's assurance that they were there for my friends non-exsistant weed. After being left outside the room for 10-15 minutes while the officers questioned my friend, they came outside again and handed me a MIP citation sheet. I do not belive I was visibly drunk, as I had not drank in the past 3-4 hours and had been sleeping for the past half of one, and never was asked to take a test.

I realize that MIP applies to more than just consumption, and I had admitted to having the bottle in my backpack, but I had never directly declared ownership over the bottle, merely admitted it was in my backpack. This leads me to a few questions regarding this topic, which are...

1) If my friend agrees to collaborate, should I just claim the bottle was his also? He also was given an MIP, and has expressed guilt over his room smelling due to his clothes, so I'd assume he would just admit ownership over it, as he had 2 bottles in the room already and there is no greater punishment for having 3 instead of 2. I realize this is kinda cold-hearted, but he is a rational guy and I am sure if I approached him, would agree to it, as there really is no reason for both of us to get charged. I admitted to drinking earlier, but as I was not obviously intoxicated, and was never breathalized, would that still stand? Is it possible just to deny I ever admitted to drinking earlier in the night and blame it on my manic stage of bipolar/prescription meds making me lie compulsivily?

2)Assuming that none of those attempts to get out of the charge work out, would Diversion be possible as it is my first MIP offense? I plead guilty to an OWI for driving while high two years ago, so I am not sure if it would be offered, as I have a previous offense.


Thank you in advance for reading and offering your advice, it is greatly appreciated.
 
Last edited:


FlyingRon

Senior Member
Possession doesn't require ownership. You had it in your backpack, it was 100% in your possession even if you were transporting it for some of age friend, you're guilty. There's nothing he could do that would help you out.

Don't know if you'll escape the prior charge from before you were 18 counting against you. It certainly wouldn't hurt to ask for diversion on this charge.
 

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