i just recently received a MIP in the state of Michigan for consumption. I was attending a party at a local bar during college night catered by a vender, because im not 21 i could not drink and was at the bar for only couple of hours. when i left i was sitting in my car waiting for one of my friends, while i was waiting i got sick not a second later a cop flashed his flash light on me and said "this kid is fucked up." Through out the time the cop was talking to me he was using vulgar language. i was scared and didn't know how to react. the cop asked how old i was and i responded 21 not knowing what was going to happen, when he found out i was 20 he responded with "i fucking hate liars." he then gave me a MIP with out asking for a PBT. on the citation it does not have a BAC. Ive done some research and found a case that was dismissed on the account Mere presence of alcohol in one's system is insufficient to prove MIP. (State v. Roth, 131 Wn. App. 556 (2006))
what im asking is given the situation would it be smart to try and appeal it or just take the deferment plan, which because it is my first offense i would have probation and fines then it would be removed from my record. (to my understanding)
what im asking is given the situation would it be smart to try and appeal it or just take the deferment plan, which because it is my first offense i would have probation and fines then it would be removed from my record. (to my understanding)
