A Michigan basketball player is expected to appear in Washtenaw County District Court Jan. 29 for a pre-trial hearing.

Sophomore guard Avery Queen pleaded not guilty to charges of minor in possession and refusing to take an alcohol breath test.

Department of Public Safety spokeswoman Diane Brown said the car Queen was riding in was stopped at 3 a.m. on Dec. 15. When an officer asked if any of the passengers had been drinking, Queen indicated he had. Queen refused to take the test, and was taken to DPS headquarters where he changed his mind and registered .04 in a breath test.

“We usually never see (readings) that low,” Brown said. Michigan”s MIP law requires officers to ticket minors who test above .02 on the Breathalyzer test.

Queen”s lawyer, Nicholas Roumel, said a score of .04 usually indicates the person has consumed one or two drinks. Roumel also said that he had not received a police report from DPS about the incident.

“If what he told me is true, it certainly raises questions in my mind,” said Roumel, “I look forward to seeing what the police say.”

Roumel said he had not contacted Michigan men”s basketball coach Tommy Amaker about the case, but that the two had a good relationship. Queen did not play in Michigan”s game against Eastern Michigan Dec. 22 for breaking unspecified team rules.

Testing above a .02 in a Breathalyzer test became a criminal offense in September 1995 when it was added to the minor in possession law. The change resulted in a surge of MIP citations, especially at colleges like the University of Michigan and Michigan State University.

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