Alcohol & Drugs: MIP, MIC, Intoxication Questions about MIP and etc

Status
Not open for further replies.

ashaman800

New Member
Ok, I have a previous record of an OUIL here in Michigan. Several days ago I was in an accident. I drove my car approx. 20 feet and parked it and then proceeded to check the damage to my car and the sign that I had hit. 6 minutes later the police arrived(I have a copy of the report). I was charged with driving on a suspended license, which I readily admit too. Then I received a leaving the scene charge, and an MIP. I am 20 and do not think I should be charged with this MIP and leaving the scene. First of all, my car wasn't stopped by this sign, so parking it in the middle of the road wasnt feasible. So I parked at my friends appt, which was approx 20 feet away. I was in a state of semi-shock from getting in an accident to begin with, so I didn't even think about calling in to report this. When I was hit by a car's lights (about 5 mins after) I snapped out of it and started to walk towards my friends house to call. The car turned out to be police officers. They had me stop and asked me some questions. The officer only asked for my insurance information and didn't ask for my license the whole time. I later got a copy of the report and it says the officer gave me a PBT and I blew a .07 which is completely false. I never had to take a PBT for this incident. The MIP was from a can of been in my cupholder in my car. My questions are, is 6 minutes enough time to constitute leaving the scene? I barely had any time to call anyone let alone report this, and also could I get an MIP for the beer being in my car, even though I wasn't in the car at the time?
 
To begin, in order to analyze whether you are questionably guilty of an offense, you need to look at the statutes you were charged with violating. We don't know what these are so we can only discuss this vaguely.

it doesn't matter how long a can of alcohol is in your car -- an open container is an open container and it should NEVER be in your car. The code probably states the same and it doesn't deal with the amount of time it was in your car only that an open container was in your car which is in your possession. Thus, if a can is in your car it is considered as being in your possession.

Regarding the PBT, if this was false you should object to this and have it looked into. I would wonder why a cop would falsify such a thing -- are there items that we don't know about?

Regarding leaving the scene, I'm not sure that 6 minutes isn't substantial enough. Given the circumstances, if nobody was hurt, there might be a good reason to leave, e.g. call the police. But if you left, then you have to deal with the consequences of leaving.

I'm really not sure I understand what happened. Why did you drive your car only 20 feet and did the accident happen then? If you were under the influence, it was a VERY bad idea to drive -- even 5 feet -- you should not be in the car while you are intoxicated.
 
Status
Not open for further replies.
Back
Top