anyone with knowledge of michigan law here?

[Juandastyle 0]

Sorry for the non poker post... I'm 19, and recently i received a Refusal to Breathalyze and an MIP... here's how it went down.I go to Grand valley state... near DN's home town as a matter of fact..Going to a football game, the portapotties near the tailgating parking lot had a huge line, so i decide to use the facilities in a wooded area behind a dorm.As a walk out, i am greeted by two ottawa county sheriffs.They ask me why i was back there, i explain i was going to the bathroom, and they ask why. I respond, "did you see the line for the portapotties?"They proceed to quiz me on if i had anything to drink, and baldy (cop 1) questioned like this:"Anything to drink today?""No""Maybe a little bit.... maybe 1? Maybe a few beers? (as he's sarcastically tilting his head back to emphasize speculation)"No sir, i haven't had anything to drink"Baldy proceeds to have me do the "pen test" where i put my hands on my cheeks and follow the pen that he moves with my eyes."Michigan law states that if asked my a police officer you must submit to a prelimary breathalyzer test""I'm not going to submit to the test because i haven't been drinking and you have nothing against me"He write me a ticket for a refusal to PBT AND an MIP... court date is wednesday.I can't afford a lawyer... anyone know how possible it is for me to get the MIP dropped, the PBT i'll take, but the MIP would be terrible.Any help would be very much appreciated.

[allinbluff35 0]

if you hadn't been drinking why wouldn't you take the test? It's dumb not to take it. Instead you pissed off a few officers by refusing it. I used to be cocky to 50's to until it landed me 4 minors, 1 DUI, 1 public intox and 3 trips to detox.

[vonteego3 0]

shoulda just dropped to your knees like the nice officer asked... now you're REALLY screwed.

[Username 0]

Fucking with cops = bad idea generally.Daniel's hometown is Toronto, not Grand Rapids.

[spikymarv99 0]

By "MIP" do you mean minor in possession (beer)? If you are, they have no evidence that you had booze on you. Look up the statute for Michigan and it should tell you whether or not you have to take a breathlizer. My guess would be NO. They are highly unreliable and in CA we can refuse and take a blood test instead. My state's law is due predominately on due process rights.

[Wandigo 1]

Long time reader, first time poster.. I'm from Michigan, and my best friends dad is a former cop and now is a lawyer.. He has told me that you do NOT have to take a breathalizer if asked to... Actually, he even told me that if I were to get pulled over while I had been drinking, he recommended that no matter what, I DON'T blow.. This may, however, upset the officer, but you cannot get charged with a DUI at that point, and you can rid of your offense in court at a later date.. I can research more information on this for you if you'd like, my e-mail is wandigo@linuxmail.org if you want to contact me. But as far as I know, being from Michigan, you have the right to refuse a breathalyzer and face things in court at a later date.

[The Enforcer 0]

You should have blown. The way I understand it, since you did not blow, you will automatically be found guilty. I know in Illinois that if a minor is pulled over and refuses to blow, they automatically lose their license until they are 21. If an person who is +21 refuses to blow, they get their licensed suspended for 3 months (first time offender).I'm sure the law is pretty similar in Mich. Youre ****ed dude, especially if you dont get an attorney.

[swoosh210 0]

when i got my MIP at U of M, i knew i was screwed and just told them what they wanted to hear. they saw me throw the can and i wasn't going to make matters worse by lying. I would say in your case, it will probably get either dropped or dropped down to a lesser charge. achohol laws are tricky. i could be wrong, but i thought in order to write an MIP, the officers has to see you either consuming or possesing the drink. i didn't think they could write a ticket when it has been digested. they cant just assume. if you go to GVSU, they should have free student legal aid. i would look into it if i were you cause it sounds like you could get out of the MIP if not both.