underage consumption

[detroittigers07]

MICHIGAN.

at a house party. i blew a .017. i had half a beer and i understand drinking is drinking but it was under .02 and i was wondering how that will weigh in my fines and punishment.

"Any bodily alcohol" is now a violation of the minor in possession law. This is defined as a .02 BAC or higher. MCL 436.1703(1) and (15)

this law is confusing to me being as i blew a .017.

what do i plead and should i try for a diversion?

 

[turbowray]

I would think since you were busted at a house party, that had alcohol, and you had any amount of alcohol in your system, I would plead guilty with diversion, with them dropping it off your record at the completion of this program. Is the D.A willing to do this?

 

[detroittigers07]

i have not talked to the DA yet. i got the ticket yesterday. so should i contact someone like the DA before i go in to plead?

and what are the chances i get probation being as i was obedient to the officers and they told me that my BAC of .017 will help in court.

 

[turbowray]

i have not talked to the DA yet. i got the ticket yesterday. so should i contact someone like the DA before i go in to plead?

and what are the chances i get probation being as i was obedient to the officers and they told me that my BAC of .017 will help in court.

I don't think that a first time offense of consumption that involves a minor would have a jail time penalty, if you are on probation for another incident this may be a different story. I would talk to the D.A handling the case, and ask if you can plea bargain, to avoid a trial. Most of the time, for first offenses, they offer drug/alcohol classes, and will wipe it off your record if you complete it. I am not sure about the probation, that is up to the D.A. If the officers told you that your BAC would help, than it probably will, they should know. To what extent I do not know. Once again, all this depends on your past record.

 

[detroittigers07]

thank you turbowray. i actually have a perfect record with a parking ticket or 2. i will try to plea bargain with the D.A. to avoid court all together being that it is my first offense ever.

 

[turbowray]

thank you turbowray. i actually have a perfect record with a parking ticket or 2. i will try to plea bargain with the D.A. to avoid court all together being that it is my first offense ever.

Anytime detroittiger07, D.A's do not like cases to go to court either, it costs the taxpayers money. Do know if you do not complete a court ordered class, you could serve jail time. They take their plea bargains very seriously.

 

[CdwJava]

"Any bodily alcohol" is now a violation of the minor in possession law. This is defined as a .02 BAC or higher. MCL 436.1703(1) and (15)

this law is confusing to me being as i blew a .017.

You apparently neglected to read subsection (b):

(15) As used in this section, "any bodily alcohol content" means either of the following:

(a) An alcohol content of 0.02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(b) Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.

But, as Turbo wrote, diversion of some kind is the norm for incidents like this.

- Carl

 

[turbowray]

Hi Carl, good to see you!!

 

[CdwJava]

Where've you been? Haven't seen much of you in a while.

- Carl

 

[turbowray]

Where've you been? Haven't seen much of you in a while.

- Carl

I have been at a law site elsewhere, I am learning so much still and have 4,000 posts to my name (not that the numbers mean a thing). I am enjoying learning and helping others with what I have learned. I STILL have to be very careful to not give innacurate advise, as it can hurt the poster(I think you were the one who politely told me this, and I did listen). I try to include links with everything I state. I will be around more often here! How are you doing? I will be a manager in 7 months when the building is done being built lol! I am so excited about this!

 

[CdwJava]

I don't know that I was the one who gave you that advice, but if it wasn't a scolding, I'll be happy to take the credit.

As for me, I'm taking some of my accrued vacation time ... tryin' to burn those five months wherever I can - I have to remember what the wife and kids look like!

- Carl

 

[turbowray]

I don't know that I was the one who gave you that advice, but if it wasn't a scolding, I'll be happy to take the credit.

As for me, I'm taking some of my accrued vacation time ... tryin' to burn those five months wherever I can - I have to remember what the wife and kids look like!

- Carl

LOL, yes you can take the credit, it was your advise, and good advise at that, and no not a scolding! I am glad you are getting a reminder of what your family looks like! I bet they are happy about that also!