Alcohol & Drugs: MIP, MIC, Intoxication Alcohol MIP... Traffic stop.

[jpfish]

I need some legal advice! please help me!. i Am 17 and live in Michigan.

driving home with a friend we were pulled over for broken equip... no lisence plate bulb.
Officer said he smelled alcohol... Driver blew 0.00
i was asked next. i blew 0.05
legal limit for 21+ is .08 and ther is a zero torerance law for minors.

I was issued an MIP.

can anyone give me any help, as in what i should say and try to defend, or bring up in court?

I was illegally searched, no warrent or consent, but they found nothing. will this help me at all?

Can i be given a breathe test if i was not driving and the driver did not blow anything? i know there is a new law about minors not having to blow. can this be applied here?

also i am a minor, 17. The cop said i was old enough to go to jail and will probably be tried as an adult. Is this correct/legal ? also what would be the benifit of getting juvinale court to normal court?
I was given two options... jail or ticket... i chose the MIP.


thanks, please help, -jp

 

[freebird]

I am unaware of any law that requires you to subject yourself to the breathalyzer test if you are not the driver. The law in NJ is provided below as an example. I would plead not guilty and claim that you were illegally coerced by the threat of jail. There was no alcohol in the car. Neither of you was drunk nor appeared drunk and this "evidence" was illegally obtained. Tell us how it turns out for you. Hope it goes well!!!!

New Jersey Statutes 39:4-50.2. Consent to taking of samples of breath; record of test; independent test; prohibition of use of force; informing accused

(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S. 39:4-50.

(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.

(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.

(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.

(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of this amendatory and supplementary act. A standard statement, prepared by the director, shall be read by the police officer to the person under arrest.

Originally posted by jpfish
I need some legal advice! please help me!. i Am 17 and live in Michigan.

driving home with a friend we were pulled over for broken equip... no lisence plate bulb.
Officer said he smelled alcohol... Driver blew 0.00
i was asked next. i blew 0.05
legal limit for 21+ is .08 and ther is a zero torerance law for minors.

I was issued an MIP.

can anyone give me any help, as in what i should say and try to defend, or bring up in court?

I was illegally searched, no warrent or consent, but they found nothing. will this help me at all?

Can i be given a breathe test if i was not driving and the driver did not blow anything? i know there is a new law about minors not having to blow. can this be applied here?

also i am a minor, 17. The cop said i was old enough to go to jail and will probably be tried as an adult. Is this correct/legal ? also what would be the benifit of getting juvinale court to normal court?
I was given two options... jail or ticket... i chose the MIP.


thanks, please help, -jp