MIP what should i do?

[Stermz]

I live in Michigan

I am a sophomore at Michigan State University. I was by the sidewalk, on campus, as a police car drove by. The police car pulled up and asked me to approach the vehicle. The officer set me in the back of the squad car and questioned me about my general information (I told him I was 19 and underage). He then asked me to take a breathalyzer test, when I took the breathalyzer (3 times) I had a BAC of .03%. I was as compliant, honest, and respectful as humanly possible. I got a ticket for an MIP and a warning for an open container of alcohol.

I planned on pleading guilty (I assume the safer route) and hoped on getting a diversion until I talked to a few friends that had MIPs last year. They received them in their dorm room w/ BACs of .09%. They were provided legal council by MSU free of charge, pleaded not guilty, and got 3 months of reporting probation. I went to the attorney's office and her receptionist. (the attorney was out of her office) The receptionist didn't answer any of my questions but instead told me to plead Not Guilty then contact the attorney. (I assume this is for a plea bargain which seems really risky)

I know that my circumstances are different, I was outside and the squad car's camera could have taped it when they drove by the first time. I am now very worried that the MIP, have it go on my record, and lose my future student loans, thus ending my academic career. I just want this to stay off of my record, and am worried if I plead not guilty that I could actually be found guilty.


I have a few questions:

1. What is the best route for me to take? Should I plead Guilty or Not Guilty?
2. If I plead Guilty can I get a diversion, and how/when do I ask for one (probation and the MIP expunged from my record)?
3. How do I keep this from getting on my record?

[GaAtty]

If you are not getting any responses to this, you should post it under Criminal Law, DUI/DWI. You are no longer a juvenile, that stopped when you were 18. Therefore, it is incorrect for you to list this under "Juvenile Law". But to respond to your comments, just because you plead not guilty does not mean that automatically sets you up for a plea bargain. Surely you have heard of a jury trial? That is also done when people plead not guilty. Also, I do not know why you think pleading guilty is the "safer route". It is not always that safe, because your punishment can vary and you don't always know in advance what that punishment will be. Sometimes you do, and sometimes you don't. I do not practice in Michigan, but there may also be things that the officer did wrong in your alcohol testing or in your arrest that can help in your defense. It is too early to give up on a defense. Keep trying to get in touch with the attorney or better yet, hire your own private attorney. But don't wait too long. The attorney needs time to prepare.

[quincy]

A minor in possession of alcohol conviction leads to a misdemeanor record in Michigan, and will result in travel restrictions (Canada can refuse entry) and can affect financial aid, other loans, and job opportunities. Therefore, you are wise to contact an attorney to ensure that you are offered the diversion program, which, if terms are satisfactorially completed, will allow you to avoid the misdemeanor record.

In East Lansing, most MIP first offenders will be offered diversion in exchange for a guilty plea. Diversion programs will come, generally, with a 6 month probation period within which you must complete the terms of diversion - community service hours, substance abuse screening and/or education, and costs related to these. If all terms of your probation are satisfied, and you avoid any other legal entanglements during this time, your MIP will be discharged and dismissed. The court disposition codes are suppressed. There will be no public record of the deferred MIP (prosecution on the MIP is deferred until probation is satisfactorially completed) or the dimissed MIP (the MIP is dismissed once all terms are completed) to report on loan, financial aid, college or job applications. The fact of your MIP will be accessible only to the Secretary of State and law enforcement.

If you violate any terms of your probation, however, the guilty plea can be entered and you will have a misdemeanor on your record. Therefore, you MUST avoid violating any laws and avoid any alcohol possession or consumption and, harder still, avoid any parties or people who possess or consume alcohol in your presense.

You may, if it was recommended to you by the attorney's office, plead not guilty at your arraignment. However at pre-trial you should ASK for diversion. Diversion MUST be requested to be considered. You should ask for diversion BEFORE pleading guilty or not guilty. Once it is offered, and in order to be given diversion, you must plead guilty. Make sure diversion is offered prior to your plea.

Your friends, if they were freshman last year, were probably able to take advantage of MSU's freshman program for MIP first offenders. This program includes a one-time discussion of alcohol laws and the impact of an arrest on a student's life. This may have come with the shortened 3 month probation period. Six months is the usual term for an MIP probation.

If MSU offers free legal counsel, you would be wise to take advantage of this. There are also attorneys in the East Lansing area who offer "student discounts" to students who violate Michigan's alcohol laws. An attorney can not only ensure that you get diversion for your MIP, but may also be able to get the MIP dismissed outright, if the attorney finds something amiss with the BAC testing or stop. It is often worth the cost of paying for an attorney to make sure you avoid any misdemeanor conviction.

Good luck.


A late edit to add:
In a recent decision by the Michigan Court of Appeals, the allowing of police by city ordinance to require that a minor submit to a preliminary breath test, without consent by the minor and without a warrant, is unconstitutional. Many cities in the state have had such minor-in-possession ordinances, which now must change to reflect the Court decision. PBT test results that are done without consent and without a warrant will not be admitted as evidence. Those minors refusing consent will be detained until a warrant can be obtained.