MIP 3rd Time

[Tittles09]

What is the name of your state (only U.S. law)? Michigan


I just got my 3rd mip just about an hour ago

I was in my buddies truck and been drinkin all day before. We are on our way upnorth to get his brother out of the mud and we pull over so i can take a pee. I see a cop decent amount away so i hurry inside but i forget my empty beer can i put ontop of the truck. I know he sees it but i grab it anyway. He comes up and asks where if i been drinkin and i said yeah. He asks where the beer is at and i give it to him but of course its empty.

So he talks to the other people i am with and then asks me who bought the beer cause 3 people i am with are 21 but i wouldnt tell on them anyway but i didnt get it thru them

I blew a .13 and i get an MIP for the 3rd time

Now is there anything on the ticket that isnt on there that i can use to get my case dismissed?

I never got asked to do a Breathalyzer first off...he just told me what to do.

He puts my drivers license number down but i have no license besides my state id and he checked the oper/chauff box for type of license

The description of me isnt on the ticket like all my other mips and tickets have

Its also in a different county

any help?????

[CourtClerk]

You really ought to seek out AA and get help for your alcohol addiction.

For a violation of this subsection following 2 or more prior convictions or juvenile adjudications for a violation of this subsection, section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially corresponding to this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 60 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $500.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).

[Tittles09]

well if i had an addiction i would

i've been to the classes they sent me to and they talk about drugs more then alcohol

I dont think i have a problem and i didnt ask you to tell me that i have a problem. I asked for help about going thru this. Its not even in the same county so i kinda wanted to get thru it the first court date.

But i think i plan on just pleading guilty and getting it down with. I plan on talking to a recruiter soon and i dont wanna be stuck with probation and not be able to join the army until i am down with everything.

[CdwJava]

Originally Posted by Tittles09

well if i had an addiction i would

Really ... you don't call THREE MIPs after heavy drinking an indicator of a problem?

And ask yourself just how many times you've imbibed without being caught.

Most people can manage to go their entire under-21 life without EVER getting caught by the cops (likely because they don't drink all that much). YOU have been caught THREE TIMES! Statistically, that's incredible!

i've been to the classes they sent me to and they talk about drugs more then alcohol

Then go to one that addresses alcohol. AA is one place to start.

I dont think i have a problem

Then treatment won't help. So, I guess you'll just have to keep rolling through the justice system, or, God forbid, the emergency room.

I asked for help about going thru this. Its not even in the same county so i kinda wanted to get thru it the first court date.

Hire an attorney.

Plus, start setting aside money to a lawyers' fund so that you can save uop for future legal proceedings.

But i think i plan on just pleading guilty and getting it down with.

Talk to an attorney about that. The MIP might have other lasting effects such as to your driving license, etc. And if it is a misdemeanor conviction, you may not be eligible for the military depending on how many other convictions you have. Of course, as you mentioned, if you are on probation the military is right out.

- Carl

[CdwJava]

Originally Posted by Tittles09

I blew a .13 and i get an MIP for the 3rd time

You were at a .13 after drinking the night before!?! Wow!

Now is there anything on the ticket that isnt on there that i can use to get my case dismissed?

Contrary to common myth, something missing on a citation is rarely going to result in a dismissal of the charges.

I never got asked to do a Breathalyzer first off...he just told me what to do.

Okay. The police get to tell people what to do when they contact them. I frequently tell people what to do when I contact them ... keep your hands where I can see them ... put that down .... put your hands on top of your head ... turn around ... etc.

He puts my drivers license number down but i have no license besides my state id and he checked the oper/chauff box for type of license

Not an issue as it is not an element of being a minor in possession of alcohol.

The description of me isnt on the ticket like all my other mips and tickets have

I suppose you can always NOT show up in court and then argue that it was not you he cited but someone else. Good luck with that one.

Its also in a different county

Different county than where or what?

- Carl

[BigMistakeFl]

AA and Alateen are not the same as court ordered DUI or substance abuse "classes". AA is voluntary, run by volunteers and attended by people who just want to free themselves from the bottle. The people who lead the meetings and those who speak at speaker meetings are not social workers, may not have a degree in anything, they simply have chosen to stop drinking and to remain free, they choose to meet with and share with other recovering drinkers. I'm not here to judge you Titles, but I hope you'll give it a chance. You have a big life ahead of you.

[CdwJava]

Ditto.

And maybe one day, Tittles09, you can become a friend of Bill W. as well.

- Carl

[Tittles09]

the .13 is from drinking beer right before i got busted. Didn't have to many either

My other 2 MIPs are from

1. Walking down the road

2. Someone smashed my windows out of my Jeep but never seen it happended or who did it but i guess while i was outside lookin at it someone near by called the cops and yeah i got screwed over on that

Last night was the first time i drank since new years since i am laid off and just got my taxes so i got a 12 pack and wanted to enjoy the day cause it was the first warm day since winter started

I thought i came on here to get advice and maybe get the case throwin out or a lesser fine or something. I know i messed up but you all just completely bash me for drinking underage. Just think how many cops and lawyers and anybody else that drank underage.

When he told me what to do i ment as in how to blow in the breathalyser. The other times i was asked to take it or i could refuse but of course i dont refuse cause thats another ticket for refusing.

I dont plan on hiring a lawyer because i would spend more money on a lawyer then the fine and they cant put me in jail for a MIP since i am not on probation or anything else.

And why in the hell would i not show up in court if the description on the ticket is blank and say it wasnt me? I mean he did take my license and look at it.

But i guess i shouldnt of bothered to ask on here...thought it would me more helpful and friendly then straight bashing me.

[cyjeff]

What kind of help do you want?

Hell, you practically BEGGED the cop to ticket you. What do you think your defense of the charge would be?

I won't talk about your obvious addiction. I will just say that if you aren't addicted, you are a hell of a slow learner.

Most people don't keep drinking in public after proving to themselves they aren't smart enough to do it without getting arrested.

See you again when you post back after #4.

Oh, and you should plan on having to provide clean urine ever week or so for the next year.

[CdwJava]

Originally Posted by Tittles09

the .13 is from drinking beer right before i got busted. Didn't have to many either

Unless you're a Lilliputian, you had quite a few ... or this was some hard liquor.

My other 2 MIPs are from

1. Walking down the road

2. Someone smashed my windows out of my Jeep but never seen it happended or who did it but i guess while i was outside lookin at it someone near by called the cops and yeah i got screwed over on that

You know how to keep this from happening, right?

Last night was the first time i drank since new years since i am laid off and just got my taxes so i got a 12 pack and wanted to enjoy the day cause it was the first warm day since winter started

Most people get their 12 packs and drink at home. Drinking in public opens yourself up to a lot of bad things ... like, being cited or arrested.

I thought i came on here to get advice and maybe get the case throwin out or a lesser fine or something.

You haven't given us anything to remotely indicate that anything was untoward. there are no magic pills and no magic words that will suddenly convince a judge to toss a case or the DA to drop it. From what you wrote, it seems a pretty clear case for the state. I would suggest that your only hope might be to ask for soem sort of diversion. But, after three MIPs I doubt they'll offer that ... unless you plead quickly and they don't find out about the others in different counties before they sentence you.

I know i messed up but you all just completely bash me for drinking underage. Just think how many cops and lawyers and anybody else that drank underage.

Probably most of them. Now, ask how many had such a problem that they managed to get caught three times?! Assuming a low percentage chance of being caught (maybe 5%) then that would mean you probably drink quite a bit.

When he told me what to do i ment as in how to blow in the breathalyser.

That's because most people try to do it funky thinkin they can fool it. Yes, we tell you how to blow in it.

And why in the hell would i not show up in court if the description on the ticket is blank and say it wasnt me? I mean he did take my license and look at it.

I didn't say you wouldn't. But, his not putting your description on the citation only becomes an issue if you claim it was not you. And if you show in court, you're effectively admitting it WAS you who got the citation. So, the missing description is a non-issue.

But i guess i shouldnt of bothered to ask on here...thought it would me more helpful and friendly then straight bashing me.

What would you rather have had us say? "Yeah, the man is railroading you, rage against the machine!"

How useful would THAT have been?

If you have a case, we don't see it. If you think you have a case, hire an attorney to help you exploit whatever glimmer of hope you might have of avoiding the cite. Otherwise, you can go into court and plead guilty, no contest, or not guilty and take your chances.


- Carl

[CourtClerk]

Originally Posted by Tittles09

My other 2 MIPs are from

1. Walking down the road

2. Someone smashed my windows out of my Jeep but never seen it happended or who did it but i guess while i was outside lookin at it someone near by called the cops and yeah i got screwed over on that

Wrong. Your other 2 MIPs are from you drinking or being in possession of alcohol when you were underage. I have walked down many a road... and others will agree, you don't get MIPs from doing it.

I've even had my car broken into, coincidentally from having my window smashed in. Granted, I didn't own, nor have I ever owned a jeep, but having a window smashed doesn't get you a MIP either. Drinking.. or being in possession of alcohol gets you a MIP. Nothing more, nothing less.

[CdwJava]

Originally Posted by Tittles09

alright

i asked one question and you guys just go on and on

If you just said no we cant help then cool

Okay ... we can't help you ... only YOU can help you.

As for your legal problems, you can either hire an attorney or accept the legal responsibility for your continued drinking. There's not much more we can offer. You were observed with a container of alcohol and you had a BAC of .13. Heck, you're lucky the cop didn't take you in for public intoxication!

And, by all appearances, you appear to have a problem with alcohol. You may not see that as being an alcoholic, but, we call it as we see it. One day you may just happen to wake up. Hopefully the epiphany happens before your life circles the drain or you do irreparable harm to yourself or someone else.

I dont blame my mips on what happend i am just saying while i was drinking those things happended to get my caught.

And, statistically, your being caught three times is anomalous ... this is an indicator of either incredibly poor luck, or, a drinking problem.

I don't know what you expected from us. There's no magic word that will suddenly make the officer get an aneurysm and forget what he saw or that you blew a .13. If you really feel the need to fight this, hire an attorney who might be able to read the police report and see something that you haven't written here.

- Carl

[Country Living]

The OP sees nothing wrong with buying a 12-pack and drinking it alone.

His next posting will be to ask for help with an accident, and the resulting criminal charges because he was driving drunk, which really wasn't his fault. The other driver (who was going home after work to his little boy's birthday party) can't give his side of the story. He was killed in the accident.

[quincy]

There is no diversion program offered in Michigan for a third MIP. It is only offered with the first MIP, which, had you not had another, and if you successfully completed the diversion program offered with your first MIP, would have left you with a clean record. The first MIP would have been dismissed and discharged.

With a second and a third MIP, however, all three of your misdemeanors will show up on a criminal records check. A misdemeanor record can affect your ability to get a job and your ability to get school scholarships. It can also affect your driver's license and your car insurance rates. And foreign travel may be limited (Canada, for instance, can refuse entry to anyone with even a misdemeanor record). Although jail time is generally not ordered, whether to order jail time is left to the judge's discretion.

You probably should have refused to take the PBT (PBTs can be refused without penalty if there is no warrant - Michigan's law requiring minors to take the PBT was struck down in 2007 as unconstitutional) and you probably should have refused to speak to the officer of your earlier drinking. With the zero tolerance law in Michigan, any amount of alcohol consumed by a minor is against the law, and being in possession of alcohol is against the law. You were caught in possession of alcohol and you admitted drinking and you voluntarily took the PBT. These facts make trying to fight the ticket you were issued difficult at best.

Errors on a ticket will not get a ticket dismissed unless the errors are material to the incident (which yours do not appear to be), and the fact that you were in a different county will not matter. The Secretary of State keeps track of all MIPs for the state.

I agree with all of the other forum members here that you have a problem with alcohol. Drinking and getting in trouble for drinking, even once, indicates a problem. You would be wise to get alcohol counseling on your own, prior to court, as this can help show the court you are serious about cleaning up your act. Indicating to the court that you do not have a problem will definitely not work in your favor.

Dress nicely for your court appearance (do not wear a baseball cap or jeans), be polite and contrite, do not chew gum, do not bring a cell phone to court. An attorney can work to get you the best possible outcome.

[cyjeff]

Agreed.

Part of the secret to court is to dress as the kind of person that would never have done the crime you are accused of committing.

Wear a suit and tie. Get a haircut. Hide visible tattoos and piercings. Speak to the judge as you would speak to God himself... Yes, your honor... No, your honor...

This is not the time to be flippant, funny or sarcastic. State your case plainly, briefly and completely. Practice what you are going to say in front of a mirror.

Look the judge in the eye when you tell your story.