MIP (minor in possession) questions?????

[warbry90]

What is the name of your state? MICHIGAN

My prom night was May 17th. Long story short there was a large after party, it got busted by the cops and they gave everyone MIP's. Some breathalyzed while others (including myself) were given a ticket based off the failure of a field sobriety test. 23 kids in total were given MIP's and some choose to plead guilty because of summer vacations and all who pleaded guilty were given 12 months probation. I was wondering if there was any hope of pleading NOT guilty for a lesser sentencing because this punishment is ridiculous and anyone with a brain knows it doesn't fit the crime even though it was illegal it was in a controlled environment with parents (who already got screwed for hosting). Another question I have is if I plead not guilty can they make me drug test on my pre-trial date which is July 8th. I haven't met with my lawyer yet so I'm not sure but I know all the previous kids who pleaded guilty were subject to a drug test within 24 hours but I wasn't sure if the same rules apply for me since I will most likely be pleading not guilty instead of guilty like them. In doing so, my trial will most likely include a later date for the actual trial and then another later date for the sentencing. Anyone have any answers for me????What is the name of your state?

 

[quincy]

If this is your first MIP, it would be wise for you to plead guilty, and I am sure that is what your attorney will advise you. If you choose to fight the MIP, you will probably lose, as Michigan has one of the toughest MIP laws in the country. There is ZERO tolerance for underage drinking.

If you don't fight it, and you plead guilty as many of the other kids did, you will probably be eligible for the diversion program, which will involve community service hours, possibly random drug testing, possibly alcohol education classes, fines and program related costs - BUT, if you satisfy all of the requirements of your probation, there will be no misdemeanor record to later report on college applications or job applications. Your MIP will be discharged and dismissed.

The Secretary of State will keep a non-public record of your MIP, in case you decide to drink again before you are old enough to, in which case the judge has at his discretion the ability to order a jail sentence for a second MIP. But if you don't drink again, and you satisfy all of the requirements of your probation, you won't screw up your future. If you don't satisfy the terms of your probation, the court proceedings will continue and can lead to an adjudication of guilt - which you WILL have to report on applications.

And, yes, you can be subjected to random drug testing.

I heard about some parents in the southeastern area of Michigan who got into major trouble for hosting an underage drinking party at their house. It is illegal to provide alcohol to minors. They not only face up to 60 days in jail and a $1000 fine, they also opened themselves up to both criminal prosecution and civil lawsuits arising out of this "controlled environment" party. A "controlled environment" does not make underage drinking legal, by the way, nor does it make the parents not guilty of being stupid. And these parents were INCREDIBLY stupid.

The punishment is NOT ridiculous. You broke the law.