Michigan Mip

[chibes]

What is the name of your state? Michigan

Im an 18 year old in Clawson michigan. i recieved an MIP about 3 weeks ago and had court last week in TROY and pled not guilty. i blew a .04 and i do understand that i broke the law, but i am wondering what punishment i will most likely recieve. i am also wondering if i get probation will i be tested for THC (weed). i ask because this is my first offence and i am clean of THC and i would really love not going through the hassle of a pointless piss test that costs me money. please and thanks on your response

[farmgirl_48732]

Well it looks as though you weren't drunk when you were caught. But i would venture a guess that you will have to pay a fine, see a magistrate that will order you to some AA meetings.

[chibes]

So i should be prepared for a fine and some AA meetings, what are the chances i do not get probation? And if i do will they sentence me to random urine testings for a charge unrelated to POT?

[quincy]

In Michigan you do not have to be drunk. Michigan has a ZERO tolerance law for minors who drink alcohol. Any blood alcohol content is against the law (with special exceptions for a BAC as the result of sacremental wine drinking and drinkers coming back from Canada).

Michigan does offer a diversion program for first time offenders, however, and, if you qualify, you will have to pay a fine, do community service, attend classes, and/or be tested for drugs and alcohol. If you satisfy all of the requirements of the program, your arrest will not be reported and there will be no public record of your MIP. The charges will be dismissed. The only record will be held by the police and the court, in the event you violate the terms of the diversion program, or if you again are caught drinking.

If you fail to satisfy the terms of probation, the original proceedings, deferred for the diversion program, will continue.

With a second alcohol offense or prior MIP conviction, the judge, at his discretion, can order jail time. With a second offense, no diversion program is offered.

Michigan's MIP law is one of the toughest in the country. I advise you to refrain from all alcohol drinking until you are legally able to drink, and avoid all drug use, certainly during your probationary period.

[chibes]

I am aware of all of that in fact it seems like you copied and pasted most of that from what everyone aleady offers me to read online, what i am really interested in is how long of probation i will get if any. i just want to know the most common punishment for a person in my situation.

[quincy]

I don't copy and paste - I just read the law. You can check it out, too, at MCL 436.1703.

The most common probation period is 6 months, and the diversion program is offered to most MIP first offenders. The fine is $100. You must plead guilty to be offered diversion. It is not automatic.

And, chibes, I have got to warn you that attitude can mean a lot. For instance, your post to me seems a little snarky, whether it was meant that way or not. If this same attitude is read by the court the same way I am reading your attitude, they can certainly order a stiffer penalty.

When appearing, dress nicely and don't smell of smoke, be polite, don't argue with anyone, be contrite. This will go a long way to getting you better terms for your diversion.

Good luck.

[chibes]

Im sorry i came off that way, i didnt intend to. I pled not guilty at my first court apperance, does that disqualify me for the diversion program? and if i do get the diversion program will i also be placed on probation or will i just have to meet the diversion programs requirments?

[quincy]

First, the diversion program is probation.

You must satisfy all of the requirements of the diversion program during your probationary period in order to have your case discharged and dismissed. And you must not violate any terms of your probation (ie. no drinking, no drugs).

The diversion program requirements will probably include several hours of community service and some sort of alcohol education classes, and can include random urine testing for drugs and/or alcohol. A fine is assessed, and you may have to pay for anything that has costs involved (ie. class material, community service transportation, etc).

In order to qualify for the diversion program, you must plead guilty to the MIP. You can withdraw your not-guilty plea.

A not-guilty plea means that you intend to show the court that you weren't drinking at all. Since your BAC shows you were, it will be hard to prove, unless you were drinking for religious reasons. Don't try to fake the religious drinking excuse, however - it generally won't fly.

Have you spoken with an attorney yet? I strongly advise, before your next court appearance, that you consult with one, to ensure that you get the very best terms possible. Like I said earlier, even your attitude toward the court, the judge, and the offense you committed can screw you up. An attorney can guide you through the process and give you the best chance for the best outcome.

[farmgirl_48732]

Quincy has already said this but my advice is also to dress in a shirt & tie for your hearing. If you have a suit, wear it.

[Grizzban]

Im in the same situation as Chibes but they didnt make me blow. They just took my bottle and knew there was alcohol in it. Should I plead not guily for my upcoming trial?

[quincy]

Grizzban, you probably should have started your own thread because your situation is not like chibes if you did not have a breathalyzer and if you are not from Michigan.

State laws vary - dramatically in some cases - certainly when it comes to minors and drinking laws.

So you might want to repost, detailing your specific situation. Be sure to include your state so that you can get advice best suited to you.

[anna-rae]

My bf got an MIP but he blew a 0.0. He was however helping a friend hold his closed case of beer for a few minutes and cops came and gave him an mip. Was their an actual violation here since he is over 18 and people over 18 can transport alcohol? If so what will his punishment most likely be?

[proud_parent]

Originally Posted by anna-rae

My bf got an MIP but he blew a 0.0. He was however helping a friend hold his closed case of beer for a few minutes and cops came and gave him an mip. Was their an actual violation here since he is over 18 and people over 18 can transport alcohol? If so what will his punishment most likely be?

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