MIP for Consumption, What Should I Plea

[aliensk8r233]

My question involves criminal law for the state of: Michigan.
My friend and I were driving home from Taco Bell at 2:30 in the morning. He was driving 15 under and speeding up slowly so they pulled us over. He failed the sobriety test, but blew 0's. They took him to the hospital, gave him an OUI for THC in his system.

My part is, they asked me if I had been drinking, I said I was sober. He asked me to blow and I would not because the officer was clearly going to give me an MIP regardless. He asked if I was sober why wouldn't I blow, and I said because even if I had .01 in my system, he would give me an MIP. He says "so you have been drinking?" I say "No." Then he said "don't play this game with me." and proceeded to write me up for an MIP, although I never further admitted to anything.

I was sober at the time. I had drank 2 beers between 11-12 and it was 2:30 AM when I got pulled over.

My question is what should I plea in court tomorrow? Any help is greatly appreciated as not knowing the law is what got me here. Also, I hear it is one of the better judges, but I don't really know.

 

[quincy]

Plead NOT guilty at your arraignment, and then I recommend you speak with an attorney before your next scheduled court appearance.

It is possible, based on what you have written here, that the MIP will be dismissed, if there was no alcohol in the car when you and your friend were stopped, and if you did not admit to drinking alcohol, and if no testing was done to show a BAC. Having an attorney handle this will be your best chance at having the MIP dismissed outright.

If this is your first offense, otherwise, you will probably be offered the diversion program - community service hours, alcohol education classes, costs - and be on probation for 6 months. You must ASK for diversion. The diversion program will require that you plead guilty to being a minor in possession. If you meet all the terms of the diversion program during your probationary period, your MIP will be discharged and dismissed and there will be no misdemeanor on your record.

If you do not meet all of the terms of the program, or violate your probation in any way (ie. get caught drinking), then a guilty plea can be entered and you will have a misdeameanor to report on all college and job and loan applications, and your travel to Canada will be restricted. You do NOT want to have a misdemeanor conviction.

When you go to court, dress nicely (suit and tie if possible, no tee shirts, no jeans, no baseball caps), be polite to everyone, do not argue, do not take a cell phone into the courtroom, do not smell like smoke or heavy cologne, address the judge as Your Honor.

Good luck.