QUESTION
I received MIP with no breathalyzer, is this legal?
Asked on Jul 29th, 2011 on Criminal Law - Michigan
More details to this question:
I received an MIP with no breathalyzer and no open containers. First offense and I will be 21 in under a month what's the best course of action?
5 ANSWERS
Michael J. Breczinski
Get an attorney and maybe he can get it so that you have no record. Get am attorney and maybe he (or she) can get it set so there is no conviction.
Answered on Aug 01st, 2011 at 6:09 AM
As with any charge, the prosecutor must prove the charge beyond a reasonable doubt. You will have to review the proof they have and if you believe they can't prove the charge, plead not guilty and take the matter to trial.
Answered on Jul 31st, 2011 at 9:12 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes, this is legal. You should hire a lawyer.
Answered on Jul 31st, 2011 at 7:34 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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With the recent court case of Peoplve v Cloadhury , a PBT taken without the minor's consent is unconstitutional as a warrantless search and therefore inadmissible. When you "received" an MIP, do you mean you have convicted of the offense or merely been charged? If charged, you need to make sure you have a lawyer representing you. There may be errors in the report or lab results that could get the charges reduced or dismissed. There are other ways an officer could charge you with MIP other than a PBT. Without knowledge of your case or the report, I have no way of commenting specifically on that. If you have already been convicted, you may have good grounds to appeal. Seek out an experienced criminal defense attorney in your area right away.
Answered on Jul 31st, 2011 at 7:11 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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No. Contact a qualified lawyer immediately.
Answered on Jul 30th, 2011 at 9:35 AM