I received MIP with no breathalyzer, is this legal? 6 Answers as of August 01, 2011

I received an MIP with no breathalyzer and no open containers. First offense and I will be 21 in under a month what's the best course of action?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Get an attorney and maybe he can get it so that you have no record. Get am attorney and maybe he (or she) can get it set so there is no conviction.
Answer Applies to: Michigan
Replied: 8/1/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
As with any charge, the prosecutor must prove the charge beyond a reasonable doubt. You will have to review the proof they have and if you believe they can't prove the charge, plead not guilty and take the matter to trial.
Answer Applies to: Michigan
Replied: 7/31/2011
Attorneys of Michigan, PLLC
Attorneys of Michigan, PLLC | Daniel Hajji
Challenge the statute/ordinance in court!
Answer Applies to: Michigan
Replied: 7/31/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Yes, this is legal. You should hire a lawyer.
Answer Applies to: Michigan
Replied: 7/31/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
With the recent court case of Peoplve v Cloadhury , a PBT taken without the minor's consent is unconstitutional as a warrantless search and therefore inadmissible. When you "received" an MIP, do you mean you have convicted of the offense or merely been charged? If charged, you need to make sure you have a lawyer representing you. There may be errors in the report or lab results that could get the charges reduced or dismissed. There are other ways an officer could charge you with MIP other than a PBT. Without knowledge of your case or the report, I have no way of commenting specifically on that. If you have already been convicted, you may have good grounds to appeal. Seek out an experienced criminal defense attorney in your area right away.
Answer Applies to: Michigan
Replied: 7/31/2011
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