QUESTION
If I do fight this charge, what are my chances of getting off with nothing?
Asked on Aug 29th, 2016 on Criminal Law - Michigan
More details to this question:
Last night, I was stopped by an officer while crossing the street due to the fact that there was a couch in the street and they thought was igniting it. I refused a breathalyzer, but smelled of alcohol. They brought me in to the station and put me in the drunk tank. I blew into the breathalyzer 8 hours later after waiting there and blew a 0.0. I still have a charge for a MIP. Should I fight this, or use my town’s deferment program and receive a $500 fine and a 90 day deferment period?
1 ANSWER
Criminal Law Attorney serving Royal Oak, MI
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James S. Lawrence
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Michigan case law provides that the presence of alcohol in one's body or blood does not constitute possession of alcohol. If someone throws a container of piss on me, I am not guilty of possessing the piss. The same is true if someone spills alcohol on me. To litigate these questions in court will cost you far more than the $500, and victory is not guaranteed, but is certainly possible.
Answered on Sep 27th, 2016 at 11:44 AM