Legal Question in Criminal Law in Michigan

minor in possession

my son had no alchol in his possession allthough the officer made him take a breathaliser and he blew a .063 and he was a passenger inthe car


Asked on 2/26/08, 9:45 pm

3 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: minor in possession

What is your question??

"MIP" is the title of the charge, but the actual statute includes possession (or attempted possession), consumption (or attempted consumption), purchasing (or attempting to purchase), or having a bodily alcohol content of 0.02% or more.

So, it's not a crime that focuses only on having a bottle of Bud in your hand. Your son had it in his body ... he "possessed it" THAT way ... he had also "consumed" it ... and, he had a BAC of more than 0.02%.

Nevertheless, your son should have a defense attorney review the case facts to see if the officer followed all the procedures he/she had to, especially re: administration of the breath test.

Read more
Answered on 2/27/08, 7:56 am

Re: minor in possession

If you would like to hire an attorney to represent your son, we can be reached during the day at 1 8667665245.

For more information, go to:

www.AggressiveCriminalDefense.com

Read more
Answered on 2/26/08, 9:53 pm
William Morrison Action Defense Center

Re: minor in possession

The officer did not force him to take the test . Your son could have said no, but apparently did not.

So....how do you think the alcohol got into his body? If he possessed a penny and swallowed it, would he still be in possession of the penny?

Read more
Answered on 2/26/08, 11:20 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan