Michigan Police have been issuing Minor in Possession’s without performing a PBT test in party type situations, or at public concerts among others. While this is not the standard, this is still a valid means of citing you. The breathalyzer is merely a piece of evidence in the case, you can still be convicted without it. It is important to hire an attorney who can look for other ways to challenge the validity of the charge. Additionally, our attorneys can still meet with prosecutors and city attorneys who have been assigned to your case and negotiate a deal to reduce, modify, or dismiss the charges. If you have been cited for an MIP with or without a breathalyzer contact Garmo & Kiste, PLC today to avoid heavy fines, long terms of probation, and a criminal record.
Are you a Canadian Citizen or Resident Charged with a Drunk Driving / DUI / OWI or other alcohol related driving offense here in Michigan?
Canadian citizens and nationals living in the province of Ontario beware that if you are convicted of Drunk Driving / OWI / OWVI here in Michigan, will be punished twice if the right steps are not taken. Michigan and Ontario maintain a treaty that requires sharing driver’s license information even though Treaties by a state and a foreign nation are prohibited by the U.S. Constitution; the treaty utilizes a little known exception to the U.S. Constitution concerning Drunk Driving / OWI / OWVI. Section 42.1 of Ontario’s Highway traffic act maintains certain New York and Michigan convictions carrying mandatory suspension of your Canadian license where the conviction itself would not cause an American in the same circumstances to lose his or her license. The ramification of a conviction for a Canadian citizen who works in the United States can be even worse. Though it carries few immigration consequences, the same as U.S. citizens with Drunk Driving / OWI / OWVI cannot freely travel to Canada. A Canadian citizen with a Drunk Driving / OWI / OWVI cannot freely travel to the US.
Below we have included a list of all Michigan laws which carry a mandatory suspension of your Canadian license.
- Failure to stop at the scene of an accident involving injury or death of a person, under Michigan Compiled Law, Sections 257.617 and 257.617a.
- Operation of a motor vehicle while impaired by or under the influence of an intoxicating liquor or a controlled substance, or a combination of them, under Michigan Compiled Law, Section 257.625 (3).
- Operation of a motor vehicle with over .08 grams or more of alcohol per 100 millilitres of blood, per 210 litres of breath or per 67 millilitres of urine, under Michigan Compiled Law, Section 625 (1) (b).
- Refusal to provide a chemical breath analysis, under Michigan Compiled Law, Section 257.625a.
- Operation of a motor vehicle while under the influence of intoxicating liquor, controlled substance or a combination of them, causing serious impairment to a person, under Michigan Compiled Law, Section 257.625(5).
- Operation of a motor vehicle while impaired by or under the influence of an intoxicating liquor or a controlled substance, or a combination of them, under Michigan Compiled Law, Section 257.625 (4).
See also, http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_930037_e.htm
Are you a Canadian Citizen or Resident arrested on suspicion of a Drunk Driving / OWI / OWVI here in Michigan? We know the law and have helped other Canadians keep their license and avoid additional punishments (such as being unable to travel into the US) where other attorneys have not. To retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.
