Mip

[ba0603]

What is the name of your state (only U.S. law)? Michigan
Can a minor be breathalyzed without first being read his rights and if not can this be the basis for dismissal of his ticket

 

[Antigone*]

What is the name of your state (only U.S. law)? Michigan
Can a minor be breathalyzed without first being read his rights and if not can this be the basis for dismissal of his ticket

Yes he/she can be brethalyzed. No this cannot be used as the basis for dismissing a legitimate ticket.

The minor cannot use his status to circumvent the law. The law says minors are not allowed to drink ~ when found to be in possession there are consequences.

 

[quincy]

Actually, it may not be that clearcut, Antigone.

Were you a pedestrian stopped by the police, ba0603?

If you were a pedestrian stopped by the police, and the police required that you take a breathalyzer, then what the police did has been found to be unconstitutional. Without a search warrant, it is a violation of your 4th amendment rights to be forced to submit to a breathalyzer test.

If this situation happened to you, and you were either forced to give a breathalyzer or ticketed for your refusal to submit to a breathalyzer, then consult with a lawyer in your area. It is very possible that your MIP could be dismissed.