Legal Question in DUI Law in Michigan

Minor in Possession

An 18 year old took a breathalyzer and failed. The officer did not give a MIP ticket on site but said they would be getting one in the mail. Can this be done?


Asked on 5/12/07, 7:29 pm

2 Answers from Attorneys

William Morrison Action Defense Center

Re: Minor in Possession

A father once complained of the very same issue to me. His son also took a breath test, but did not get a ticket.

What he left out (because his son didn't tell him) was the fact that the boy was seen stealing beer from a drug store and ran away from the officer who had great difficulty subduing him after a lengthy struggle.

In that case, the officer sent the information on to the prosecutor who wrote a warrant resulting in a mailed notice to appear.

William Morrison

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Answered on 5/13/07, 11:39 pm
Regina Mullen Legal Data Services, PLC

Re: Minor in Possession

Depends on local process. it might be that the ticket is documented, but he ran out of paper.

If you don't ever get one, then don't worry about it.

If you get one, then take it to a lawyer who can help you decide whether to fight it or not, since it relies on the officer's memory not the facts at the time (for example).

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Answered on 5/13/07, 3:03 pm


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