Mip

[screwdinmich]

michigan. my son received a MIP for minor in possession. the basis was that they took a pop bottle from him and used a PBT to measure if it had alchohol in it. is a PBT device an accptable method for determining the presence or absence of alchohol in a bottle? will it stand up in court?

 

[Curt581]

michigan. my son received a MIP for minor in possession. the basis was that they took a pop bottle from him and used a PBT to measure if it had alchohol in it. is a PBT device an accptable method for determining the presence or absence of alchohol in a bottle? will it stand up in court?

It's more acceptable than the cop taking a drink from it. What would you have them do... send the bottle out to the State Crime Lab for a full toxicology screening?

I am curious, though. Why are you going to such lengths to defend him? Do you openly condone your minor son consuming alcohol?

What if he got loaded, took your car keys some night, and hit a lightpole, or worse, killed someone? Would you post questions here asking how the cops can prove he drove if he ran from the scene?

What kind of example do you think it sets when you defend his actions no matter what he does? Or do you teach him to use technicalities to avoid taking responsibility?

 

[CdwJava]

michigan. my son received a MIP for minor in possession. the basis was that they took a pop bottle from him and used a PBT to measure if it had alchohol in it. is a PBT device an accptable method for determining the presence or absence of alchohol in a bottle? will it stand up in court?

It is generally acceptable to establish the presence of alcohol even if it might not be permissable under MICH. law to establish the exact BAC in court. And since a minor isn't supposed to have ANY BAC, then it's likely good to go.

- Carl

 

[Killerkat94]

MIp

Having been in your sons position many times ( im 18 and from a small town in SC) The only thing that will stand up in court is a BAC count and if they dont have that then there is no case. Reason being there is no way to prove that even though there was OCH in the coke bottle there is no way to prove that your son consumed any. It may be different in your state but in the 29 that i have checked its the same way.

 

[Killerkat94]

MIp

Having been in your sons position many times ( im 18 and from a small town in SC) The only thing that will stand up in court is a BAC count and if they dont have that then there is no case. Reason being there is no way to prove that even though there was OCH in the coke bottle that your son consumed any. It may be different in your state but in the 29 that i have checked its the same way.

 

[CdwJava]

There is always the officer's training and experience with alcohol. If it smells like a duck ... etc.

It's worked for me in CA ... of course my years running a bar before I was a cop kinda helped.

- Carl