You are in an unenviable position. You say "this will probably cost a Grand maybe more." On what do you base that claim? Are you an attorney? You run the risk of a lawyer who is not motivated to spend the extra time needed to prepare you and be prepared for a hearing - as you observed you have had 2 failed hearings already. If it were me - I would find a way to come up with the money to retain good counsel with whom I am comfortable.
Anyone can get arrested for almost anything. However, the key is whether your lawyer is willing to stand by you in court and help you assert your defense - whether that means a trial or successfully conviincing the prosecutor that you had nothing ot do with the crime being committed. Remember, under Michigan and Federal law, presence during the commission of a crime is not enough to make you a conspirator in the criminal act.
Because Mothers Against Drunk Driving is big business and that institutional belief sends a lot of people into counselling where insurance dollars are used to line the pockets of agencies closely aligned with and often funded by MADD
It was not clear if the probation violation was ruled on by the judge. If so and he revoked your 7411 status but kept you on probation your only option is to wait for 5 years. There is a provision in the law that allows a plea to be withdrawn in the interests of justice. This is complicated and you should seek qualified legal counsel immediately.
Yes. You can fight this charge. Open intoxicants can be possessed by more than one person under a theory that is called "constructive" possession. It is akin to the pen that sits on your desk. The pen is in your possession even if you are not holding it. However, the state or township stilll has to prove that you had knowledge of the intoxicant, had the right to do with it what you wanted at any time and that it was yours or partially yours. The issue of your incident occurring in a different...