Legal Question in DUI Law in Michigan

Drinking in Canada, but arrested in Michigan...

I'm 19 years old and I got a MIP a year ago in Livonia recieved no probation or anything just had to pay the fines but 2 weeks ago I was drinking in Canada and when we came back to Michigan (Livonia) a cop pulled us over and gave us tickets although there was alcohol in the car that time I'm sure I there is nothing I can do about it. On last Friday I went to Canada again and drank, When we got back to Michigan we decided to go to a party that wasn't in Livonia and when I got out the car cops were everywhere giving everyone MIPs. However this time we didn't have any alcohol in our car or with us at all we had just been drinking in Canada... I found a case that I'll link for you to check out, It's a case about someone going to Canada to drink and getting an MIP when he got back to Michigan but he appealed it and got it dropped because it was out of Jurisdiction where he was drinking. http://courts.co.calhoun.mi.us/02juv006.htm

Thanks for the help,

Michael


Asked on 4/27/04, 6:17 pm

2 Answers from Attorneys
William Morrison Action Defense Center

Re: Drinking in Canada, but arrested in Michigan...

(5) A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor may require the person to submit to a preliminary chemical breath analysis. A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a criminal prosecution to determine whether the minor has consumed or possessed alcoholic liquor. A minor who refuses to submit to a preliminary chemical breath test analysis as required in this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.

So....Did you take the PBT?

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Answered on 4/28/04, 11:25 pm
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Drinking in Canada, but arrested in Michigan...

The case you are referencing is a seminole case in the MIP arena. You may be able to use it. Please contact my office for a free consultation. Eric I. Kutinsky, Esq. (248) 737-7000

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Answered on 4/27/04, 11:13 pm


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