Alcohol & Drugs: MIP, MIC, Intoxication minor in possesion of alcoholic beverage, in michigan

[superkadoo]

i was recently given a ticket for a minor in possesion of an alcoholic beverage. (in michigan) i have a previous ticket for the same offense that i beleive is off my record, but i'm not sure. the ticket was given to me specifically for having "a draft beer in cup", which is actually false. the cup i had in my hand was empty, in fact the only real evidence of me having any alcohol was that i admited that i had had a beer and a half previously at a party.

the police never gave me a breathaliser, didn't write me up for an open container, never actually asked me specifically how old i was; in fact the first question they asked was for my ID, and assumed my cup had beer in it because the two guys i was walking with both had beer in their cups. the only other questions he asked were how much we paid for the beer, how much we had to drink, and a question about where the party was that he obviously had no interest in because he didn't persue it for a specific location which we would have gladly given. any advice?

 

[Michael Wechsler]

How do you know that the MIP that you received was due to the alcohol assumed in the cup and not based upon your admission of having a few brews at the party? Just because the police didn't give you a breathalyzer or write you up for an open container as well doesn't help you -- in fact it may hurt you since if they were relying on your statements and not the cup then their actions were consistent. If you are in court you should remember that the officers have to establish the basis for the charge. The fact that the officers never saw or spotted any alcohol in connection with you is something to seize upon and the fact that they didn't stop you because you 'smelled' of alcohol. Let the officers do the talking on the stand before you make your defense... good luck.

i was recently given a ticket for a minor in possesion of an alcoholic beverage. (in michigan) i have a previous ticket for the same offense that i beleive is off my record, but i'm not sure. the ticket was given to me specifically for having "a draft beer in cup", which is actually false. the cup i had in my hand was empty, in fact the only real evidence of me having any alcohol was that i admited that i had had a beer and a half previously at a party.

the police never gave me a breathaliser, didn't write me up for an open container, never actually asked me specifically how old i was; in fact the first question they asked was for my ID, and assumed my cup had beer in it because the two guys i was walking with both had beer in their cups. the only other questions he asked were how much we paid for the beer, how much we had to drink, and a question about where the party was that he obviously had no interest in because he didn't persue it for a specific location which we would have gladly given. any advice?