I just got my first MIP.I have court tomorrow,they pulled us over in the wrong county can I get out of it?

Question

ok the cop pulled us over (I was not driving) and I took the BPT test and blew a 0.06 which is illegal I know. But, they were Gratiot county cops and we were in Clinton county. they are supposed to call cops from that county to let them know but they didn't. They will probably say that they were in pursuit but they didn't even have their head lights on until we were in the other county then after they put their head lights on they turned on their lights to pull some one over. They wrote the ticket saying we were on a road in gratiot county and that's not the road we were on. And they wrote the wrong township and of course county what should I do? Can this get me out of the MIP?

Answer 1

I doubt if you'll get out of it because the courts always believe  the cops unless there's video tape evidence to the contrary.

Answer 2

You've neglected to indicate how far across the county line you were when stopped.

Although I couldn't find your specific pursuit laws of Michigan...I'd wager they were similar to that of my own State.

You are in a much better position of being a Minor in Possession than the driver being cited for Driving Under the Influence!

Most states will provide in the law an exclusion to "jurisdictional boundries" when it comes to cases such as yours.

It is feasible to literally step across a county line yet still be arrested by the "other jurisdiction" provided you're within a specific distance of the line.

Even if that were not the case in Michigan, the officer, acting in his/her official capacity as an "Officer of the State" will still be able to affect an arrest especially if an officer from the jurisdiction is there with them.

Again, I'm only familiar with my own pursuit laws and not those of Michigan...but...either way you look at it...I don't think the issue is a valid defense!

One other option to your charge is that you may be able to opt for "youthful offender" status if available in your state.

You will have a preliminary hearing where you will be able to request a court appointed attorney. Talk to the attorney and go with his/her best advise.

It never hurts to try!

Answer 3

If you were in the UK, I would be advising you to get professional legal advice. You need to know what your chances are of the local court taking your word over local police officers. You need to know what the odds are on winning your case and what will happen to you if you fight it and lose.

I strongly urge you to get legal advice.

Good luck

Answer 4

Idk  but it sounds like your from mi and i think an mip = suspended drivers license.  You don't want that.  I would seriously talk to a lawyer.  You will want to work it out to save your license.