MIP ticket
I am a 20 1/2 year old, female, Michgan college student. My friends and I had a couple drinks at our apartment. We called a cab to take us to a local 18 & over bar. At this bar, anyone 21 or older gets a wrist band, if under you don't so the bartenders knows who they can and can't serve. One of my friends was visably intoxicated from drinking earlier. Realizing this, I took her with me into the restroom to call a cab to take her home. When leaving the restroom, 2 undercover policemen approached her and ask her who she was with. They pulled me and several others into a room with her and told us we all had to take a breathalizer, because we were with her and she was visibly drunk. Being scared and intimidated, we all blew. I blew a .1. We all were given MIP tickets. I realize we are underage, but we were not drinking or in posession of alcohol inside the bar. The officer who issued the citations was very forceful and rude, and wouldn't listen to anything we had to say. I ask the other officer with him what I should do. He said ''you should plead not guilty''. Plus, the officer's were from a neighboring town dept., working undercover out of jurisdiction. Any advice?
3 Answers from Attorneys
Re: MIP ticket
The facts are pretty simple, as you were in consumption of alcohol and this is illegal. Your most important job is keeping this off of your permanent criminal record and I can help you with this. Visit www.kliszlaw.com to discuss. Tim Klisz
Re: MIP ticket
Obviously, you had alcohol in your system and the officer has the right to ask you take a Breath Test if he has a reasonable suspicion you were drinking. If you are convicted you will have a criminal record. An attorney will be able to help with this by working to have the court take the case under advisement avoiding this. I have handled several of these cases in the past. On my web site, under "Cases" I have a similar case that might interest you.
Re: MIP ticket
Because you had alcohol in your system, that is considered "in possession of alcohol." Does not matter that you didn't have a bottle in your hand - it's in your body.
However, this is not something you want on your record, and give your age, you could qualify for a conviction under the Youthful Trainee Act where it disappears after a certain period of time and is treated as though it never happened.
I suggest you contact me immediately to retain me to ensure you get the best deal possible. If you are not located near me, I will attempt to refer you to someone near you.
Do not do this without a lawyer - the prosecutor will not give you a break or a good deal without a lawyer - unfortunately that's how it works.
And the cops are not your friends. If they wanted to cut you a break, they wouldn't have given you a ticket. Do not take advice from anyone but your own lawyer. This is your future you're talking about, and with 90% of employers and colleges doing criminal background checks on applicants, you do not want this on your record.
Thanks.
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