Legal Question in Criminal Law in Michigan

Re: MIP charge in Michigan

You really won't know the whole story until you see the police report. My guess is that an officer will not randomly stop two boys on bikes and give them a breath test with out cause, but I have been wrong before. I would wait and see. If he is guilty, there is also a probation violation in the works. A very serious matter. What Court is this out of? For more information, contact me through my website, www.kliszlaw.com Good luck, Tim Klisz

Re: MIP charge in Michigan

Cops go overboard all the time. It is not unusual for us to get evidence supressed because of the violations they committ. Hire an experienced and aggressive lawyer to fight for your son.

For more information, go to:

www.AggressiveCriminalDefense.com

Re: MIP charge in Michigan

Cops go overboard all the time. It is not unusual for us to get evidence supressed because of the violations they committ. Hire an experienced and aggressive lawyer to fight for your son.

For more information, go to:

www.AggressiveCriminalDefense.com

Re: MIP charge in Michigan

Cops go overboard all the time. It is not unusual for us to get evidence supressed because of the violations they committ. Hire an experienced and aggressive lawyer to fight for your son.

For more information, go to:

www.AggressiveCriminalDefense.com

Re: MIP charge in Michigan

Cops go overboard all the time. It is not unusual for us to get evidence supressed because of the violations they committ. Hire an experienced and aggressive lawyer to fight for your son.

For more information, go to:

www.AggressiveCriminalDefense.com

Re: MIP charge in Michigan

Cops go overboard all the time. It is not unusual for us to get evidence supressed because of the violations they committ. Hire an experienced and aggressive lawyer to fight for your son.

For more information, go to:

www.AggressiveCriminalDefense.com

Re: MIP charge in Michigan

Your son has violated his MIP probation and likely will have two MIP's on his record which cannot be expunged.

Since your son was accompanied by his friend who witnessed this event, it's pretty unlikely that the officer would risk his job by lying about the breathylizer and, no, he didn't violate your son's rights. Actually, because he's on probation, he has very limited rights and can be pulled over and tested for no reason and without probable cause.

Your kid is looking at jail time. Get a lawyer and stop dreaming up defenses that will only serve to get him in more trouble.

Re: MIP charge in Michigan

I'm weighing in on this a day after-the-fact, but want to add my 2 cents.

I agree with some of the comments posted earlier. You'd be wise to have a criminal defense attorney review all the facts, including the police report, interviewing your son's friend, etc. to see what the facts are. It's possible(-to-likely) that you son's version is not 100% accurate.

MIP can be charged and proven with and without an actual blood-alcohol testing. If the officer smelled an odor of intoxicants on his breath and was believed beyond a reasonable doubt over contrary evidence (e.g., your testimony that you failed to smell it later), that might convince a trier of fact that your son had consumed alcohol. If your son made admissions that he'd been drinking or had even possessed alcohol, that could be used against him (assuming there's no Miranda Right violation). If the friend testifes that he saw your son consume or possess alcohol, that could be enough.

Another method for charging and proving a violation of the MIP law is when the minor has "any measurable quantity of alcohol in his body". ANY measurable quantity is enough. But the test has to have been lawfully taken, and administered in a reliable, proper way.

You mentioned a possible constitutional violation. Your son's attorney should read a recent Michigan federal district court case called Platte v Thomas Twp (US Dist Ct / ED MI, Southern Division #05-10200, issued 09/26/07). You can read it at http://www.mied.uscourts.gov/Opinions/lawsonpdf/05-10200.pdf . It's a long opinion, with several issues. I do not know the current status of this case, though. It's possible that it's been appealed to the 6th Circuit Court of Appeals. But it does talk about a similar law, and a similar defense claim.

Good luck.