QUESTION

I was recently given a ticket of MIC. I didn’t take a breathalyzer. But did admit to drinking, how should I plead?

Asked on Sep 20th, 2012 on DUI/DWI - Michigan
More details to this question:
The officers asked to give me a Breathalyzer and I politely declined. They then asked if I had been drinking and I politely told them I had (my shirt scent was an obvious giveaway) however, I did take a field sobriety test (follow the pen with my eyes) do they record that?
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10 ANSWERS

Leonard A. Kaanta
I can tell you how to plead.
Answered on Oct 02nd, 2012 at 9:44 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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They don't need to. You admitted to drinking and they have all they need. Get a lawyer and try and keep it off your record.
Answered on Sep 25th, 2012 at 9:28 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Arrest and conviction of MIP doesn't require proof of drinking or intoxication, only possession. the P in MIP. You already confessed to the police, so now your attorney's job is to deal with the criminal charges effectively. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? A little free advice for next time: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 25th, 2012 at 9:17 AM

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Michael J. Breczinski
Get an attorney and fight the matter. It does not sound like they have much evidence.
Answered on Sep 24th, 2012 at 10:30 PM

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You were smart to have refused the breath test, but too bad your smartness didn't take you further when you copped out to having drank. Now you need an attorney to get this relatively minor charge dismissed. It's entirely possible, but you won't do it on your own.
Answered on Sep 24th, 2012 at 10:28 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Field sobriety tests are sometimes video recorded, but dont have to be as the officer can testify as to your performance. You were foolish not to submit to the breath test. By refusing to submit to a breath test, the Department of Licensing will suspend your license for a minimum of one year, whether or not you are convicted of the MIC. The DOL suspends your license under what is called the implied consent law. Driving is a privilege. In exchange for the privilege to drive, you give the implied consent to submit to a breath test if requested by an officer who has probable cause to believe that you are under the influence. Depending on how old you are, the suspension could be until your 21st birthday, or one year, which ever is longer.
Answered on Sep 24th, 2012 at 10:28 PM

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Michael Paul Vollandt
The DA may allege that your refused to take a test of your BA which can enhance your penalty. If you also refused to to a field sobriety test that could also jeopardize your case. If the police just did not give the FST and the only evidence is your refusal and your objective symptoms such as watery and bloodshot eyes, etc. it is a weak care.
Answered on Sep 24th, 2012 at 8:34 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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The eye test may have been recorded, but not necessarily. Some police cars are equipped with cameras that automatically record after they pull someone over. You didn't say where you were when the police asked to give you a breathalyzer so it's impossible to accurately answer whether the police will have a recording. As for your admission that you had been drinking, that does make it easier for a prosecutor to prove the MIC charge. However, you have a constitutional right to a trial if you want one and if the prosecutor isn't offering you a plea deal such a reduced charge, it may make sense to demand a trial. You never know if a police officer or someone can't make it to the trial.
Answered on Sep 24th, 2012 at 8:33 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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Plead not guilty and hire an attorney to represent you. If it's your first charge of this type, your attorney can probably get this reduced to a lesser offense and keep it off your record.
Answered on Sep 24th, 2012 at 8:32 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get an attorney, this is serious. Speak with NO one about the incident until you have counsel.
Answered on Sep 24th, 2012 at 8:31 PM

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