Alcohol & Drugs: MIP, MIC, Intoxication MIP without proof

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hallucinogeneti

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Hi, what a great website I must say. I'm wondering if this MIP I got in michigan is worth fighting. Here's the story.

I was at a house party that got a noise complaint the other night. My friend and I answered the door and he stepped outside with the cops when they showed up. I tried to close the door behind him and the cop put his foot in the door and asked to step inside. My friend shouldn't have let him but he did. There was no alcohol or anybody else in the living room except the other owner of the house and the guy that bought us beer (he was the only one of age in house of 20 year-olds). They eventually asked if they could look around and the owners of the house both said no. They did anyways and found the rest of my friends and our beer pong set up and the people they found submitted to a PBT. The homeowners, the buyer and myself however, did not admit to drinking and did not submit to a PBT. We told them a friend from work provided the alcohol. For some reason (they said it was because of "honesty") They gave the two homeowners and myself MIP's and everyone else got off scott-free.

My questions are these: can we actually be convicted of being in possesion when there's no hard proof even though it's pretty obvious we were drinking? Why didn't anyone else get tickets? Why didn't they send the buyer to jail when they easily could have? I realize it's not that big of a deal but it seems stupid that they could convict me over the police officers' "articulation" that I'd been drinking. They have no proof!

Sorry for making the post so long, any answers are appreciated.
 
The officer's observations are proof enough to satisfy the minimum level of probable cause. You can try and raise doubt at trial, but the officers will relate their observations to include the odor of alcohol, any admissions or statements made, etc. You can even hire an attorney to try and have the evidence suppressed by arguing an unlawful search. however, that will depend on the totality of the circumstances and may cost you many times the price of any fine for the MIP.

The fact that no one else was cited does not help your case at all ... it just means the others got lucky.

- Carl
 
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