Legal Question in Consumer Law in Michigan

Mip

i was issued an MIP. I took four Breathalyzer test and past them all, ZEROS! they keep me around in sight for the extent of 3 almost 3 hours, where in this time period i did not consume alcohol or even prior to their arrival. I put a piece of gum in my mouth, and they made me take another one, i blew a .02. They issued me an MIP ticket at this time, from there on I went further by asking them if they had documentation of my previous tests, they reply with a NO! I was like ok, so for the 2 or more hours ive been in your sight, i have not consumed alcohol, and blew zeros before, and you are going to write me a ticket? and they said sorry state law. the whole time i was completely cooperative, does anyone think i have a case here or what!? and of so what would be my best plan of attack for fighting this ticket. your help would be greatly appreciated.


Asked on 8/23/08, 5:00 am

1 Answer from Attorneys
Renee Walsh LawRefs Nonprofit

Re: Mip

You have an excellent chance of success at fighting that ticket and should. What likely happened is that the gum had some alcohol in it. Fight it all the way.

If they saw you put the gum in your mouth and then tested you right away thereafter, you may have additional claims in the nature of malicious prosecution and the like. I normally don't take MIP cases and even I would love to have this one.

If you have further questions or concerns, please contact me via my website at www.lawrefs.com.

Read more
Answered on 8/23/08, 8:05 am


Related Questions & Answers

More Consumer Law questions and answers in Michigan