What is the name of your state (only U.S. law)? Michigan.
I was put on 7411 probation (6 mo) back in July for use of marijuana. I was late once only like 10 minutes, but no failed drug tests. Last weekend I got an M.I.P. ticket, I had 2 beers, blew a .050. Currently my probation does not restrict my license at all, which is necessary seeing as I'm still in high school taking a zero hour AP class so the bus is not an option for me. Can I just get an extension on my probation like another 6 months and some community service or something? I've already taken one drug class that mostly dealt with marijuana but talked about drinking too. I cant afford to take another one. I haven't notified my P.O. yet as its Sunday and the office is closed. I was never read my Miranda rights as well. I never got put in cuffs just detained and PBT'd. He never told me I could refuse. I was extremely cooperative with the cop.
These are questions best asked of your attorney, KrakenPipe - and I recommend you consult with one.
If you were a pedestrian when stopped, you could have refused to take the breath test but, if you did not refuse to take the test or if you consented to it, the results can be used against you. For an MIP, however, there does not need to be proof that you drank alcohol - just that you were in possession of it.
Depending in large part on the county in which your latest offense occurred, and depending in some part on your particular probation officer, and depending on all other facts, your current probation could be revoked and you could find yourself with a misdemeanor conviction and potentially some jail time.
The "7411" you refer to is MCL 333.7411, which is Michigan's diversion program. This program allows for a first offense misdemeanor to be discharged and dismissed upon successful completion of the terms of the program (drug classes, random testing, community service hours, no repeat offenses). One of the conditions to eligibility for the program is that you plead guilty to whatever it was you were charged with. If the terms of the program are not met, then this guilty plea can be entered by the court and you wind up with a misdemeanor on your record.
This diversion program is only offered once. You will not be entitled to the benefits of this program with a second offense, your MIP charge.
The law does not look at whether you can "afford" to take another drug class or not, or whether any sentence is convenient for you. If a drug class or any community service hours are ordered, you take the drug class and you commit yourself to satisfying the community service requirement. If driving restrictions come with the conviction, you deal with it. And if the terms of the diversion program say no repeat offenses, you do not repeat.
Your user name suggests that perhaps you are not taking the drug and alcohol laws very seriously. You should be. A misdemeanor on your record will make it more difficult for you to find an employer willing to hire you or a college willing to accept you (regardless of how many AP classes you have successfully completed). College scholarships and loans for college may be hard to come by. Your insurance rates will go up (and they are, no doubt, high already). You can be barred from entering Canada and there may be other travel restrictions.
If you can avoid the misdemeanor on your first offense being entered by the court, your best chance of avoiding this conviction is to seek out the advice of an attorney in your area. You will want to have all of the facts surrounding your first offense and your latest offense personally reviewed, to see what options are available to you.
Good luck.
