Anything Can Happen if You Fight an MIP Charge
I have learned after thirteen years of criminal defense that anything can and will happen when you decide to fight criminal charges and hold the police and prosecutors accountable for their actions. Just today I represented two young women who were cited for MIP charges at a large University in Michigan. They both pled guilty, with their parents present, and were given fines and costs and sent on their way. The problem, they asked for the diversion program and were told that because they were not 19 years old they did not qualify. One of the moms called me and filled me in and I was shocked to say the least.
Our firm immediately filed motions to withdraw their pleas. The judge granted our request and set the matter for a pretrial conference with the City attorney. In the police report there was no mention of any consent being obtained for the PBT tests in violation of Chowdhury. We then filed motions to suppress both the PBT results and their statements. The City attorney filed a response brief and we were set for a motion hearing today.
The City attorney was notified at 2:30 p.m. that the detective available and under subpoena did not hear any of the consent because he was in the car! In addtion, the officer that did conduct the PBT decided to go on vacation and not notify the prosecutor ahead of time. The prosecutor had already used up a request for an adjourment.
The case did not end there unfortunately. The City attorney wanted the girls to ask the judge for diversion. I refused to entertain this and the prosecutor dismissed both cases WITH prejudice, meaning they can never be charged again. The girls will get a check from the court and their case is closed.
If you think you may want to fight your MIP charge, contact our firm immediately at 1-866-387-2757
