• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

second MIP

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

joeman

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

My son is 20 years old and got his second MIP. He successfully completed the probation for his first offense. I was just wondering if that first MIP was taken off his record, because even though he completed the probation, the judge still saw that he had had a prior. I thought that if the probation is completed, the record would be sealed. Please help me out with this
 


Just Blue

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

My son is 20 years old and got his second MIP. He successfully completed the probation for his first offense. I was just wondering if that first MIP was taken off his record, because even though he completed the probation, the judge still saw that he had had a prior. I thought that if the probation is completed, the record would be sealed. Please help me out with this
No. That is not how it works. Successfully completing his probation means he will not have to spend time in jail/prison for FAILING to successfully complete his probation.

Sounds like Jr. has a drinking problem. Perhaps you should be investigating local AA meeting rather than questioning what law enforcement/judicial system can see when Jr. breaks the law.
 
No. That is not how it works. Successfully completing his probation means he will not have to spend time in jail/prison for FAILING to successfully complete his probation.

Sounds like Jr. has a drinking problem. Perhaps you should be investigating local AA meeting rather than questioning what law enforcement/judicial system can see when Jr. breaks the law.
Even if a record is sealed the court will still be able to see it. His previous charge will be taken into account when he receives his punishment from the judge again. The court will not look kindly on his inability to learn his lesson.

Baystate, your advice is harshly worded and flawed. AA is not an organization that wants to accept children that are forced to attend by their parents. This is not parentingadvice.com so please, keep it legal.
 

outonbail

Senior Member
Peligroso27

I must have missed the memo which announced your position as the new FA monitor/administrator. But I would have thought that someone who holds themselves out to be the expert of experts, would have better people skills and find a better way to voice your opinion of our respected forum members.

May I suggest using the PM feature of this site whenever you have a problem or disagree with a post on a personal level.

Yes, I know I'm not using the feature to post this message. However I wasn't sure if you were aware of this feature and I wanted to be sure you received this suggestion.
 

joeman

Junior Member
So would there be the possibility of jail time for him? His completion of the probation for his first MIP would not affect that? I just worried about the whole situation
 
Peligroso27

I must have missed the memo which announced your position as the new FA monitor/administrator. But I would have thought that someone who holds themselves out to be the expert of experts, would have better people skills and find a better way to voice your opinion of our respected forum members.

May I suggest using the PM feature of this site whenever you have a problem or disagree with a post on a personal level.

Yes, I know I'm not using the feature to post this message. However I wasn't sure if you were aware of this feature and I wanted to be sure you received this suggestion.
I never stated myself to be an all knowing expert of any type. If you have a problem with my people skills please forward the complaint to my secretary. She is busy being caned outside for not forwarding you or myself the memo you mentioned. I perfer to use the public forum to disagree with members (even senior members) flawed advice. If you read my post again you will see I also offered the legal advice that the OP came to this site for in the first place.
 
So would there be the possibility of jail time for him? His completion of the probation for his first MIP would not affect that? I just worried about the whole situation
There is a possibility of jail time anytime the law is broken. On April 12, 2004, Governor Jennifer Granholm signed into law Public Act No. 63, giving Michigan one of the strongest minor in possession (MIP) laws in the country.

For a violation of this subsection following a prior conviction or juvenile adjudication 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 30 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 $200.00, 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).

By the letter of the law it appears he is not looking at any jail time unless he violates his probation.
 
Last edited:

outonbail

Senior Member
I perfer to use the public forum to disagree with members (even senior members) flawed advice.
Flawed advice is one thing. The opinion that a reply is not soft and fuzzy enough for your liking, is another.
If you read my post again you will see I also offered the legal advice that the OP came to this site for in the first place.
As did Bay,,,,
 

Ohiogal

Queen Bee
Even if a record is sealed the court will still be able to see it. His previous charge will be taken into account when he receives his punishment from the judge again. The court will not look kindly on his inability to learn his lesson.

Baystate, your advice is harshly worded and flawed. AA is not an organization that wants to accept children that are forced to attend by their parents. This is not parentingadvice.com so please, keep it legal.
AA is not an organization that wants ANYONE being forced to attend. They can only help those who want help. But Bay is on point with the fact that if this is a person's SECOND MIP they have issues and need to deal with their drinking/alcohol issues because apparently it is a problem that interferes with their ability to function. AA is on way they can do that.
 
AA is not an organization that wants ANYONE being forced to attend. They can only help those who want help. But Bay is on point with the fact that if this is a person's SECOND MIP they have issues and need to deal with their drinking/alcohol issues because apparently it is a problem that interferes with their ability to function. AA is on way they can do that.
Part of the Michigan MIP law I posted requires substance abuse evaluation and mandatory counseling in a professional facility. This would be much more beneficial than sending a yuoung man to a meeting of recovering addicts against his will.

Point taken Ohio, this young man needs help and a lawyer.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top