QUESTION
What can I do if I got an mip while in a taxi?
Asked on Oct 21st, 2011 on Criminal Law - Michigan
More details to this question:
I'm 18 years old and I had been consuming alcohol. I drank some beers at a friend's apartment by a college campus. I called a free drive safe cab service by the university and I got picked up to go home. The driver of the cab was speeding and got pulled over. The officer could smell alcohol in the car from me. He let the driver go with a speeding ticket and put me in the back of the car to give me a breathalyzer test and dropped me off at home with a ticket for minor in possession first offense. I blew a .146. Is there a way it could get dropped because the entire point of the cab service was to give a safe ride home for kids who had been drinking and it was the drivers fault for getting pulled over. I was extremely cooperative to the officer and I have a hearing date now.
7 ANSWERS
Jacob P. Sartz
I'd recommend you retain a lawyer. You are presumed innocent until proven guilty beyond a reasonable doubt.
Answered on Nov 07th, 2011 at 10:34 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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From the way you described it, the officer had reasonable suspicion to pull the car over and I'm guessing the evidence of you and the alcohol was probably in "plain view" or "plain smell" by the odor which the officer is trained to recognize. If that is the case, then that is not grounds to dismiss the charge. However, you may want to have an attorney review the police report just to make sure. It is a good idea to be represented by an attorney for your MIP charge as well.
Answered on Oct 25th, 2011 at 1:55 AM
It is doubtful that you can get the matter dropped. You were underage and drinking. This is against the law. However, there is a provision in the law that a first offense can be treated on a deferred sentence. In otherwords, after a period of probation and assuming all fines and costs and other requirements are met, the matter is dismissed without leaving you a record. You may wish to plead not guilty at the arraignment and may even want to consider seeking the assitance of an attorney.
Answered on Oct 24th, 2011 at 2:06 PM
Michael J. Breczinski
Often you can get the matter dismissed if he gave you a breathalyzer. You had the right to say no and there have been battles over making a minor take one. Otherwise they might offer you a deal if you stay out of trouble for a period of time, then they dismiss the charges.
Answered on Oct 24th, 2011 at 1:51 PM
A very strong argument can be made to get an extraordinary result in your case based upon how responsible you were attempting to be. If you have no prior record, your case should be fairly simple for an experienced Michigan Criminal Defense Attorney to handle. If you have priors, your case can still be handled in a way that would be very favorable to you but it will take a little more effort and experienced.
Answered on Oct 24th, 2011 at 1:44 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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This may be a situation where the cab company even bears some liability; however, it is a creative theory. Your defense in the case is an interesting one. The police had justifiable contact due to the cab driver's traffic stop. You may or may not have had to provide the police officer with identification. After all, until the officer knew how old you were, there was no attachable suspicion to do more. If you voluntarily provided identification, then you may have waived any privacy right. I would suggest hiring an attorney in your area to make a more complete review.
Answered on Oct 24th, 2011 at 1:42 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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I don't think so. The law against minors drinking is very serious and you were violating this. The officer was doing their job and you got caught. It could have been here or in the street. The location doesn't matter. A lawyer may be able to assist you in keeping this off your record.
Answered on Oct 24th, 2011 at 11:42 AM