Your son should definitely obtain a lawyer. Foremost, the officer will be issued a subpoena by the prosecution. Secondly, it is quite possible that the officer was not forthcoming.
If you want to protect your son's record, help him find good counsel.
In Michigan there is a law that allows for diversion/dismissal of a charge of minor in possession/consumption of alcohol. There is legal authority here that prohibits officers from giving people breath tests to prove minor in possession without a warrant. Check with a lawyer in your state.
I need to know more to give you an educated answer. Generally speaking, searches of a vehicle following and incident to an arrest are invalid under Arizona v Gant. There are other exceptions such as an administrative search or a consensual search. However, the state has the burden to justify the seizure of evidence following a search without a warrant. I hope that helps.
In Michigan, the minor in possession statute was declared unconstitutional by a federal judge and then subsequently by a district judge in state court. The reason is because police officers cannot compel an individual to submit to a preliminary breath test (pbt) without a warrant or an emergency (known as an exigent circumstance). The elimination of alcohol from your body is not a sufficient emergency to allow a warrantless pbt. You should check with a lawyer about the laws in your state.
Diversion is a term that is used to describe placement in an informal program in which you pay a fee, stay out of trouble and charges are dismissed.
If you mean expungement ... he would be eligible to expunge from his record after 5 years passes from the time that he completes sentencing.
In Michigan, Felonious Assault carries a maximum possible penatly of 4 years in prison. It is defined as either striking someone, or putting someone in fear that you are going to immediately strike them, while you are holding either a weapon or something that can be used as a weapon.
You should not plead to the violation. Depending on the technology used, false positives are possible. Contact an attorney who is familiar with the type of testing used.
Depending on where you are located and your history, the range is the maximum possible penalty to a lecture from the judge. Make sure you talk with a lawyer before you make any decisions about how to respond.
I agree with Mr. Ramsell. However, I am concerned with the second part of your answer: were you found guilty of refusing a chemical test even though the dui was dismissed in favor of a careless? More information may help me give you some guidance. Also - are you in Grand Rapids MI or MN? email@example.com
It sounds like you have a defense to your case. In my opinion, you should advise the court that you are impoverished and cannot afford a lawyer. You will probably be required to fill out a petition to determine whether you are unable to afford a lawyer. The court will appoint one for you if you are unable to afford one and you face the possibility (even the remote possibility) of jail time. You may not have been above the legal limit at the time that you were operating. You should at least...