Wasn't allowed to plea guilty

[Tittles09]

What is the name of your state (only U.S. law)? Michigan


Hey

I recently went to court for my 5th mip. Yes i know...so please dont bash. I actually dont drink all the time since i got my 2nd but seems like i pick the bad places to drink a few beers even tho they are never at parties.

I wanted to plea guilty and get it over with as soon as i can cause i turn 21 in a little under 3 months and i plan on starting college this winter so i didnt want to be on all these programs and what not that could conflict with my schooling.

Anyway...so the judge sees i have priors and the past 2 i only got a $150 fine and that was it. She says i take it your plea not guilty like the other 2 and i said no your honor i would like to plea guilty. She seemed kinda taken back and said i couldnt and then said stuff i didnt understand and then she said she was pleading me not guilty.

Can she really do that?

She did put me on zero tolerance and AA 4 times a week until i get sentenced. She approved me for a court appointed lawyer and i go to pre-trial conference on nov 2nd. I plan on saying something to the lawyer if i even get a chance to since they never seem to even talk to you at all.

Any input would be nice.

[justalayman]

apparently since jail time appears to be a possible punishment, so, while I do not know if the judge was required to not accept the guilty plea, I suggest she refused it to allow you a chance to realize the seriousness of your situation. It is possible she did not believe you understood the gravity of your situation.

there are specific requirements for the jail time to be applicable. I have no way of determining if it applies to you or not.



there is also this:

(5) The secretary of state shall suspend the operator's or chauffeur's license of an individual convicted of violating subsection (1) or (2) as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.

that may be applicable.

[Tittles09]

From what i was told by many people MIP's arent a jailable offense?

I do understand that i messed up. I guess it took a judge to finally get me a harsh punishment. I told her already planned on signing up for AA but wasnt expecting to do it 4 times a week.

Yes my license is restricted til june 2010 because of the past 2 mips i had. So i figure it will be another 6 months added.

I just thought they couldn't do that. Like why even bother having me come in to court if i cant even plea what i want to plea?

But i do understand what your saying not since nobody i know knew why she did that or could even do that.

[justalayman]

=Tittles09;2388789]From what i was told by many people MIP's arent a jailable offense?

Hmm, I guess they have not read the law. As I said, it is only applicable under certain circumstances and it may not apply to you but it is an available punishment under those circumstances for repeat offenders.

I just thought they couldn't do that. Like why even bother having me come in to court if i cant even plea what i want to plea?

had you been arraigned before that time? If not, it was simply an arraignment.

But i do understand what your saying not since nobody i know knew why she did that or could even do that.

I still do not know if she has to accept your not guilty plea or if she could even accept a guilty plea but I would look at it as more of a good thing than a bad thing. There is little to be lost by speaking with an attorney that can review your case and advise you of your options.

(c) For a violation of this subsection following 2 or more prior convictions or juvenile adjudications for a violation of this subsection, section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially corresponding to this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 60 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $500.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).

(5) The secretary of state shall suspend the operator's or chauffeur's license of an individual convicted of violating subsection (1) or (2) as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.

(shall means will; may means can)

257.319 Mandatory suspension of license; record of conviction for certain crimes; waiver; restricted license; prior convictions.
Sec. 319.

(1) The secretary of state shall immediately suspend a person's license as provided in this section upon receiving a record of the person's conviction for a crime described in this section, whether the conviction is under a law of this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state.

(2) The secretary of state shall suspend the person's license for 1 year for any of the following crimes:

(a) Fraudulently altering or forging documents pertaining to motor vehicles in violation of section 257.

(b) A violation of section 413 of the Michigan penal code, 1931 PA 328, MCL 750.413.

(c) A violation of section 1 of former 1931 PA 214, MCL 752.191, or section 626c.

(d) A felony in which a motor vehicle was used. As used in this section, "felony in which a motor vehicle was used" means a felony during the commission of which the person convicted operated a motor vehicle and while operating the vehicle presented real or potential harm to persons or property and 1 or more of the following circumstances existed:

(i) The vehicle was used as an instrument of the felony.

(ii) The vehicle was used to transport a victim of the felony.

(iii) The vehicle was used to flee the scene of the felony.

(iv) The vehicle was necessary for the commission of the felony.

(e) A violation of section 602a(2) or (3) of this act or section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

it appears the sections I looked up were all involving acts with you driving the car. If you weren't driving the car, that section should not be applicable.

[FlyingRon]

The key part of the arraignment is to make sure that you formally know what you are being charged with. The plea (how you intend to proceed), is pretty much just to determine what the next step is.

[BL]

A Judge can enter a plea of Not Guilty .

The Law affords you legal representation ,and that's what the Judge was doing here .

[Tittles09]

justalayman: I'm not on any probation or anything. From what i read from your posting i shouldnt get jail time then? I'm not really even worried about jail because where i live the jail is so packed they hired a guy to review everybody in jail to see if they can be let out early.



Nothing was done in or around a car. Which is weird because they suspended your license for MIP's even tho it has nothing to do with your vehicle but then again i do understand that its a form of punishment and to prevent underage drinkers for driving.


Thanks for you help everybody. I just wanted to get a understanding on why i wasn't allowed to plea guilty and now i understand.

[FlyingRon]

If we can't trust you to not drink when it is illegal (you being underage) how can we trust you not to drink when it is illegal (when you will be driving).

That's the law. Don't do the crime, if you can't do the time.

[Tittles09]

I'm not complaining about doing the time. I was here to get the facts straight.

And i dont believe in drinking and driving. It puts others at risk.

I also believe if your old enough to join the army whats wrong with drinking a few beers with some friends. I mean the drinking age was 18 before. I just have bad luck in my opinion. None of my MIP's have been above .08.

I did go to my first AA today and i do have to say it was alot better/different then i thought it would.

[Proserpina]

Originally Posted by Tittles09

I'm not complaining about doing the time. I was here to get the facts straight.

And i dont believe in drinking and driving. It puts others at risk.

I also believe if your old enough to join the army whats wrong with drinking a few beers with some friends. I mean the drinking age was 18 before. I just have bad luck in my opinion. None of my MIP's have been above .08.

I did go to my first AA today and i do have to say it was alot better/different then i thought it would.

That's not bad luck. It's bad judgment.