Legal Question in Criminal Law in Michigan

MIP Charge

recently i was issued an MIP. It was late at night and a friend of mine and myself walked up to a nearby seven eleven. we were drunk, but not beligerent in anyway. Two cops were in the parking lot and saw that we had purchased a swisher from the clerk. when we left the store the cops stopped us and, seeing that we had purchased a swisher, assumed that we had marijuana on us. we did not. they continued to ask us if we had been drinking and stupidly we replied yes. they gave us a PBT and I Blew a .125. My question is, did they have a right to issue a PBT and on what grounds?


Asked on 5/08/08, 2:23 pm

4 Answers from Attorneys
William Morrison Action Defense Center

Re: MIP Charge

Uhhhhh....this is just a wild guess, but do you maybe think it might be because you stupidly answered "YES" and then agreed to take a PBT???

Additionally, the fact that you looked, smelled, and acted like drunken minors probably caused the police to reasonably suspect that you were, in fact, drunken minors.

Good thing you weren't driving.

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Answered on 5/08/08, 10:42 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: MIP Charge

There is a recent federal court decision saying that the MIP statute is unconstitutional (in part) and that police cannot make you take a PBT. But if there is a valid "consent" to take the PBT, the result might be admissible.

Have an attorney look at the facts of your case, and compare them to the Platte v Thomas Twp case from the US Dist Ct / MI ED (09/2007).

I do not know if this decision has been appealed, or the status of the appeal.

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Answered on 5/08/08, 3:00 pm
Timothy Klisz Klisz Law Office, PLLC

Re: MIP Charge

police have a right to ask questions at any time, and when they asked you if you had been drinking, you said yes. That gives them the right to issue the pbt. For more info call me for a free phone consultation. Www.kliszlaw.com. Tim Klisz

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Answered on 5/08/08, 3:02 pm

MIP Charge

Your confession to having committed a crime (of underage drinking) gave the police reason to do the PBT.

However, at your young age, you don't need a criminal record for the rest of your life. Our attorneys might have a way to keep this off your record. If you'd like an attorney to help you through this, call us at 1 8667665245.

For more information, go to:

www.AggressiveCriminalDefense.com

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Answered on 5/08/08, 4:38 pm


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