Alcohol & Drugs: MIP, MIC, Intoxication Advice on Contesting MIP

[apl2182]

My friend and I recently recieved MIPs. We were meeting friends up at his place of work well past buisness hours and were standing outside drinking when an officer pulled up. We promptly dropped our beers, but the officer still gave us a PBT, and proceeded to issue tickets, all within 5 minutes of arriving. Now, it's my understanding that under MI law, you must be given 15 mins once in the presence of the officer before a PBT is issued. Am I correct in my interpretation of this law? Also, the officer never showed us the results of the test, and failed to write the percentage on the ticket. Is this another area where I may be able to fight? Im not so much worried about fines as I am probation, community service or a suspended liscence, however, getting out of the charges altogether would ovbiously be best. I have a perfectly clean past record, excepting a single speeding ticket which I have since dealt with. Any advice at all on this matter would be greatly appreciated, thank you.

 

[jon_]

Others with greater experience might add but I'm assuming MIP = Minor In Possession summons and PBT = Preliminary Breath Test. I believe that the results of the test must be over .02 percent. However, you may have received a summons because you were holding an open container of alcohol and consuming it in a public area! The minor in possession law, if memory serves correctly, is just that -- a minor having possession of alcohol -- which can be independent from having consumed alcohol which is another manner of possession as well. Someone told me that a group that may be of assistance in MI is the ACLU (American Civil Liberties Union) at (313)961-4662 which doesn't look upon the ability to compel tests upon people who have not been arrested.