Probable cause?

[MTU_12]

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

Earlier this night me and a few friends were leaving one of their houses. We walked about one house down and a cop driving on the road turned his spotlight on us and stopped. We were walking at the edge of the road because the sidewalk was still covered with snow from earlier today. He told us we were walking to far out in the road and then asked if any of us had been drinking. We all said no. He then said he could smell alcohol and told us that the other cop that just pulled up was going to breathalyze us. It was a windy night and he never got out of his car so i don't really believe he could smell it... I was the first to blow and blew a .052 one of my friends also blew a .08. While i was blowing another cop felt the backpack i had and felt the bottles in it. We both received MIP's and i admitted i did drink and there was alcohol in the bag. After doing some research and looking back i feel like i should have asked if he had probable cause since we weren't doing anything but walking on the side of the road. What i am wondering is if they didn't will we be able to fight it in court? Do i have a chance of getting it dropped or doing a diversion program if i plead not guilty? Or is it better to plead guilty and pay the fine? I plan to check with my university if i get some kind of free legal council though them Monday morning. Or is there some way i could speak to a lawyer for free before i decide what to plea? This is my first offense.

 

[sandyclaus]

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

Earlier this night me and a few friends were leaving one of their houses. We walked about one house down and a cop driving on the road turned his spotlight on us and stopped. We were walking at the edge of the road because the sidewalk was still covered with snow from earlier today. He told us we were walking to far out in the road and then asked if any of us had been drinking. We all said no. He then said he could smell alcohol and told us that the other cop that just pulled up was going to breathalyze us. It was a windy night and he never got out of his car so i don't really believe he could smell it... I was the first to blow and blew a .052 one of my friends also blew a .08. While i was blowing another cop felt the backpack i had and felt the bottles in it. We both received MIP's and i admitted i did drink and there was alcohol in the bag. After doing some research and looking back i feel like i should have asked if he had probable cause since we weren't doing anything but walking on the side of the road. What i am wondering is if they didn't will we be able to fight it in court? Do i have a chance of getting it dropped or doing a diversion program if i plead not guilty? Or is it better to plead guilty and pay the fine? I plan to check with my university if i get some kind of free legal council though them Monday morning. Or is there some way i could speak to a lawyer for free before i decide what to plea? This is my first offense.

It sure sounds like there was more than sufficient probable cause. It doesn't matter whether or not you asked, they clearly smelled the alcohol on your breath (as well they would, considering you blew .052). But more than that, when asked, you admitted that you were drinking, so whether or not there was probable cause when they started, you gave them exactly the information they needed to charge you.

You really should get an attorney, and discuss with them your options.

 

[HighwayMan]

Probable cause is not required to approach you while you're walking in the street to ask you some questions.

Secondly, the smell of alcoholic beverage can be very easy to detect even from a distance, depending on other factors. It is not out of the question for the officer to have detected it while remaining inside his car.

 

[mistoffolees]

Probable cause is not required to approach you while you're walking in the street to ask you some questions.

Secondly, the smell of alcoholic beverage can be very easy to detect even from a distance, depending on other factors. It is not out of the question for the officer to have detected it while remaining inside his car.

Besides. He doesn't have to smell it to have probable cause. At the levels that these kids had, their behavior might be enough to get him to ask questions.

 

[Just Blue]

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

Earlier this night me and a few friends were leaving one of their houses. We walked about one house down and a cop driving on the road turned his spotlight on us and stopped. We were walking at the edge of the road because the sidewalk was still covered with snow from earlier today. He told us we were walking to far out in the road and then asked if any of us had been drinking. We all said no. He then said he could smell alcohol and told us that the other cop that just pulled up was going to breathalyze us. It was a windy night and he never got out of his car so i don't really believe he could smell it... I was the first to blow and blew a .052 one of my friends also blew a .08. While i was blowing another cop felt the backpack i had and felt the bottles in it. We both received MIP's and i admitted i did drink and there was alcohol in the bag. After doing some research and looking back i feel like i should have asked if he had probable cause since we weren't doing anything but walking on the side of the road. What i am wondering is if they didn't will we be able to fight it in court? Do i have a chance of getting it dropped or doing a diversion program if i plead not guilty? Or is it better to plead guilty and pay the fine? I plan to check with my university if i get some kind of free legal council though them Monday morning. Or is there some way i could speak to a lawyer for free before i decide what to plea? This is my first offense.

How old are you?

 

[MTU_12]

How old are you?

Im 18. And so i am still wondering would it be better to plead guilty or not? If i do just plead guilty will i be able to get it off my record at some point?

 

[sandyclaus]

Im 18. And so i am still wondering would it be better to plead guilty or not? If i do just plead guilty will i be able to get it off my record at some point?

Get yourself an attorney, and discuss your options with them.