Minor in Possession in Michigan

[jonmche]

What is the name of your state? Michigan

My son is a freshman at MSU he was at a St. Patrick's Party where he drank several green beers which stained his face. Several hours later (from 9 pm to 3 am ) he was walking back to his dorm with some friends. A police officer stopped them. Seeing his stained face, He was asked about drinking and he refused to answer. He was asked to take a breathalyzer test which he refused, stating that a pedestrian couldn't be forced to take a breathalyzer without a search warrant. The result of this was that the police officer claimed he was visibly drunk and he was taken into custody until the morning. Upon leaving he was issued a Minor In Possession citation. He believes that he is innocent because of the time lapse and wants to fight the ticket. I am afraid that the cost will be very high and likelihood of winning is minimal. I don't want him to have a record, but I also don't want to spend his tuition on a fruitless defense. What do you think?

[quincy]

Michigan gives a break to first offenders.

The new minors in possession law is one of the toughest in the country, with a ZERO blood alcohol content allowed. If your son had been drinking at all that evening, even if he hadn't consumed anything in hours, he may not have been legally or even visibly drunk, but he would have been in violation of the law. The new law also allows for jail time on MIPs at the discretion of the judge.

But, first offenders have the opportunity to have NO misdemeanor record if they satisfy all terms of an offered probation (which can include fines, alcohol education, random testing, etc). All court proceedings are deferred until completion of probation. Once probation is completed and all of the terms of probation are met, the case will be discharged and dismissed. No arrest record to report on employment forms.

I think your son will be risking probation by trying to fight the arrest. He should definitely speak with an attorney prior to making any decision like that.

And he should know that with SECOND arrests, there are no breaks. He should stay away from alcohol until he can legally drink it. That may be especially difficult on MSU's campus, but you should try to impress on him the consequences.

[Checkit101]

I was riding in rear passenger of the a truck and other minors were drinking and the driver had gotten breathalyzed, and blew a 0.0. He did not even breathalyze myself or put me through any test. But there was beer in the rear part of the truck. I received a M.I.P. Is this accurate even though i didn't drink anything and was not even breathalyzed?

[quincy]

Yes, you were rightfully ticketed as being a minor in possession of alcohol. Possession does not require that you drink the alcohol. You do not need to be breathalyzed or tested. You were a minor and there was alcohol present.

I advise that you consult with an attorney in your area who specializes in Michigan alcohol offenses, to see if your ticket can be dismissed outright, however. There is the slight possibility it could be.

Otherwise, if this is your first offense, you could be offered diversion (not all judges in Michigan offer this program) and, if you satisfy all the terms of the program during your probation, you will have the misdemeanor discharged and dismissed. The only record of the MIP will be with the Secretary of State's Office and law enforcement, to be considered should you violate the drinking laws in Michigan again while you are a minor.

Also, if you fail to satisfy all the terms of the probation, the proceedings on your MIP will continue as if there had been no diversion, and you could wind up with a misdemeanor on your record. And, if as a minor you are caught in possession again or are caught drinking, this first MIP (even if dismissed and discharged with a successfully satisfied diversion program) will be considered a first offense for the purposes of sentencing for a second offense.

Again, however, consult with an attorney in your area to see if the charge can be dropped entirely.

[mazda231]

I recently went to court for an MIP. I live in Kalamazoo and attend WMU. This is a first offense. I stood mute at court. I have a pre trial conference in December. What is going to happen to me? and what should i do from here? and I cant afford an attorney to help me.

[dillychily]

I am a full time student at GVSU. I received a minor in posession and attempt to R & O. 2 weeks later I received another MIP and posession of marijuana. The cops came in my dorm room and i signed a search warrant because the cop threatened to take me to jail. The cop found a bowl and wrote me for possession of marijuana. They found no marijuana during the search. Shouldnt i get possession of paraphernalia? Im not sure...

[ElvinMelvin]

Originally Posted by dillychily

They found no marijuana during the search. Shouldnt i get possession of paraphernalia? Im not sure...

You should really start your own thread.

If there is enough MJ residue in the bowl to be tested, then there is sufficient evidence to charge and convict you of possession.