Legal Question in Criminal Law in Michigan

Mip

My friend (Joe, 20) had a small gathering at his apt. At 6pm, he had a beer with dinner. At the party, other people were drinking hard alcohol; Joe was not. At 12, Joe went to bed. At 12:30, the police arrived. Joe was awoken; declined to take a BAC breath test (legal to do in MI). Officer became angry. Proceeded to coerce Joe into admitting he ''might have had a beer'' earlier (stupid, I know, but he was scared). Gave him an MIP.

Does he have a chance to fight this?


Asked on 6/04/08, 11:39 am

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Mip

Of course he has the right to fight it in court. He should definitely hire a lawyer, as there is little evidence of his possession of alcohol (no PBT or bottle on his hand), other than his coerced admission. This is not something he wants on his record forever - this is a misdemeanor, not a civil infraction like a speeding ticket.

If he can afford to retain a lawyer, please have him contact me right away.

And this should be a lesson to both you - never admit to something, especially when you are innocent. Cops are not your friends!

Thank you.

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Answered on 6/07/08, 12:40 am


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