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    CALL ATTORNEY JIM AMBERG AT (248) 681-6255 FOR A FREE CONSULTATION

    ARE THERE DEFENSES IN MIP CASES?

    Unfortunately, many attorneys advise their young clients that they have no defense to their Minor in Possession of Alcohol case.  This could not be farther from the truth.  Most Michigan MIP cases have defenses which may be applicable to your case.  From the inacurracies of the Datamaster, Breathalyzer, and other preliminary breath test machines, to the misleading and dangerously inaccurate field sobriety tests, you must question the validity of any MIP charge.  It is the prosecutor who must prove guilt beyond any reasonable doubt. 

    MINOR IN POSSESSION REQUIRES "POSSESSION" OF ALCOHOL

    According to the Michigan Statute (MCL §436.1703) and corresponding local ordinances, being in possession of alcohol is a necessary component to any MIP charge.  As unbelievable as it may seem, I have seen many cases in which a youth is charged with Minor in Possession simply for being in proximity of an alcoholic beverage.  Just because you are in the same room as a can of beer does not mean you have committed any type of crime.  It is the Prosecutor who must prove to the jury whether you asserted legal possession and control over the alcoholic beverage.  Mere knowledge is not enough to prove possession in an MIP case (People v. Wolfe, 440 Mich. 508), instead, the Prosecutor must show that you actually possessed the alcohol, or had a right to exercise control over the alcohol.  This of course means that just because your buddy had a beer hidden under the passenger seat of your car does not mean you are in possession of alcohol.

    CALL ATTORNEY JIM AMBERG, MICHIGAN’S MIP WARRIOR, AT (248) 681-6255 FOR A FREE CONSULTATION

    TO SEE JIM’S DETAILED DRUNK DRIVING DEFENSE WEBSITE, PLEASE GO TO WWW.OAKLANDCOUNTYDUILAWYER.COM