NEWS
Tuesday, November 25, 2003
USE OF BREATHALYZER TEST ON PEDESTRIANS STRUCK DOWNThe ACLU of Michigan has won their lawsuit challenging Michigan's MIP law. The police will no longer be able to force minors who are not driving a car to take a Breathalyzer test without a search warrent.
> ACLU-MI Press Release: Federal Court Strikes Down Breathalyzer Tests for Pedestrians as Unconstitutional
Here's the text of the Ann Arbor MIP law, taken from the city code:
"9:81. Possession or consumption by minors.
No person under 21 years of age shall consume or attempt to consume liquor, or possess or attempt to possess liquor except as permitted by the Michigan Liquor Control Act.
(Ord. No. 60-87, § 2, 9-21-87; Ord. No. 27-97, § 2, 6-16-97)
9:82. Penalties for liquor violations.
(1) Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor.
(2) Any person who violates subsections 9:74 or 9:81 shall be punishable as follows:
(a) For the first violation a fine of not more than $100.00 and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services, perform community service and to undergo substance abuse screening and assessment at his or her own expense.
(b) For a second violation a fine of not more than $200.00 and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense.
(c) For a third or subsequent violation a fine of not more than $500.00 and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation service, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense.
(Ord. No. 60-87, § 2, 9-21-87; Ord. No. 70-91, § 1, 1-6-92; Ord. No. 27-97, § 3, 6-16-97)"
Posted by Rob at 11:06 AM
