Alcohol & Drugs: MIP, MIC, Intoxication Open intox in public dilemma

[Zee_]

The state or country I am talking about is: Michigan

Here's the deal. Officer stop me because I'm walking down the sidewalk with a plastic cup. They look in the cup, see that is has golden liquid in it. They then take my ID and run it through the system. After this they dump out my cup and give me the citation.

Now, I never said what was in the cup, they never smelled what was in the cup, they never checked to confirm it was alcohol in the cup. For all they know it could have been apple juice. Should I plea not guilty and make them prove I had open intox.? Or would it be a useless battle? What I would love most would be to plea not guilty and then have the prosecutor drop the charges when he has the meeting with me and he sees that there is no way to prove I broke any laws. They didn't even give me a PBT so they can't give me drunk in public for fighting the citation.

Another question is any idea how long it would take to have this matter resolved is my court date to plea is April 4? I have to be out of here May 16 to go to Texas, so that also makes me feel like I can't fight this.

 

[NYClex]

How do you know the officer who looked into the cup did not smell that it was beer? Beer smells pretty strongly. And how do you know that the officer will not simply say that he smelled that it was beer?

Of course, you do not need to say anything. If you plead not guilty the prosecution has to prove the whole case.