How best to defend against an MIP that I received?

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How best to defend against an MIP that I received?

I was in a car with my friends mom driving on campus at MSU by cedar village with my friends and we were drunk. The cop wanted us to get out of the car to ask us about a certain crime that occurred nearby there recently, basically accusing us. He said to all of us, no one will be breathalyzed, no MIPS will be given, just wanted to ask us some questions. Long story short he administered me a breathalyzer and I got an MIP. Do I have a case against that because he said he wouldn’t MIP us?

Asked on May 8, 2012 under Criminal Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to defend the minor in possession of alcohol (MIP) charge against you is to consult with a criminal defense attorney to see if there was a valid basis for the stop of the vehicle that you were a passenger in and the subsequent breathalyzer test where you showed amounts of alcohol in your system.

Given the fact that the charge against you is a misdemeanor, it is best that you have a criminal defense attorney representing you. As to the issue that the arresting officer stating that you would not be charged with the offense that you were arrested for, whatever was said by law enforcement is meaningless. They ususally say such things to get a person to confess to a crime where that person then gets arrested just like you did.


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