Minor in possesion
My daughter is 20 yrs. old. She lives in Detroit metro area. She was drinking legally (19) in Canada, and was droped off at a house in Detroit, where a 21 yr. old had people over partying.(apx.10 people) The police were called for a noise complaint, and when they got there, they ended up giving breath-alyizers to everyone. My daughter blew a .08, but had done her drinking in Canada! She had only arrived at the house moments before the police. She didn't have anthing at that house. The police gave her a ticket for ''Minor in possesion'', her arriegnment is in 2 days, and pre-trail sometime in mid april. The court said to use her 74-11,(to be exsponged) but I dont want her to use that since she's not guilty! Please help!!!
2 Answers from Attorneys
Re: Minor in possesion
If you want to contest the charges, it sounds as though she's got a good case. We'd be happy to help her if you want to hire an attorney for her. Call us at 18005766035.
Chuck Kronzek
Re: Minor in possesion
She'd better not use 7411 for an MIP since that is reserved for first offenders arrested for drug possession. Future expungement is also inappropriate for this offense. Whoever advised you of this is confused.
Neither should she plead under some other provisions unless she receives correct legal advice.
She is a minor in possession of alcohol if, in fact, she has ingested the alcohol (It doesn't matter where she imbibed) and its still in her when tested. If she admitted to the officer that she had just returned from Canada where she was drinking; that, and the .08 on the PBT is usually sufficient for a factual basis for a plea.
There is a method of pleading that will result in a small fine and no record if she stays out of trouble. There is no threat of jail time.
First offense MIP's seldom go to trial
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