Legal Question in Civil Rights Law in Michigan

MIP Charges Legitimate under certain PBT Circumstance?

I was charged with a Minor In Possession recently, in which I was administered a PBT which I blew a .11. However, I was never read any rights in regards to the PBT or to my situation. I also placed a piece of gum in my mouth approximately 10 minutes before I blew into the breathalizer, which then took 4 attempts to give a reading. Do I have a fairly good chance to have the charges dropped under the given circumstances?


Asked on 1/18/05, 12:31 am

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: MIP Charges Legitimate under certain PBT Circumstance?

I believe that if the only evidence is the PBT, you may be in good shape. However, the cop may have had other evidence, such as empty bottles, etc. As far as your rights, I know the statute requires that rights be read as far as losing your driver's license but for the 4th amendment right against self-incrimination, I have never read any case on it so I don't know. It seems you may want to get a lawyer. William S. Stern 248-353-9400

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Answered on 1/18/05, 6:43 am
William Morrison Action Defense Center

Re: MIP Charges Legitimate under certain PBT Circumstance?

Do I have a fairly good chance to have the charges dropped under the given circumstances?

Answer: No, probably not. If this is your first offense, you may have a chance to have the charge taken under advisement and not entered in your record. An attorney can advise you further.

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Answered on 1/18/05, 10:47 am


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