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My daughter was issued a ticket for MIP when walking home from

a party. She picked...
My daughter was issued a ticket for MIP when walking home from a party. She picked up a cup along the way to bring back to her home, which had the remnants of alcohol in it. The office stopped her as she was walking home and asked what she was doing with the cup. She admitted she had been at a party and had a couple of drinks, but the cup was not hers and she had picked it up. He stated he had to stop everyone with a cup in their hand. How should she plead?
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Answered in 21 minutes by:
9/4/2013
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified
Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Here is what the Michigan courts do for a first offender. They will put her on probation and at the end of the probation the matter will be removed from her record.

Of course, I cannot tell you what she should plead that decision you have to make with the information I provide.

Additionally, the fact that she said she had been drinking is not that important because there has to be alcohol present
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Customer reply replied 4 years ago

So it sounds like even if she pleads guilty, she will likely not have it on her permanent record? Also, they did not breathalyze her, so it was just her admission. From what I read, Michigan law states she can be charged with MIP if she has consumed alcohol, even it she does not have it in her possession. I don't want to encourage her to lie... and if the officer is there and testifies that she admitted to drinking.. it would be her word against his...


 

Hello

Yes. I suggest as a first offender that would be correct.

And the law is a person could not be prosecuted for still having in his or her body something that was consumed in the past or that a person
no longer had control over

So the officer is going to use the cup with the alcohol in it for his case
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
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Samuel II
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Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
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Experience: Handle criminal matters in both state and federal courts.

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