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Mip

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karamarie123

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

I recently received an MIP. I hadn't been drinking much at all that night. I was helping a extremely drunk friend walk home. A cop pulled up asked me if I had been drinking I said "sort of". My friend was extremely drunk, I'm talking falling over, leaning on the cop just a mess. She admitted to it. He looked us up on the computer my friend lied and said she was her older sister who is 23 (I'm 19). She mentioned that her father was a cop a few times. I accidentally called her, her REAL name on several occasions. I refused the Breathalyzer, so did she.

After I was let go I noticed that he wrote the wrong description of me on the ticket. It says that I have black hair when CLEARLY I have blonde. I was in the back of his cop car, it was extremely visible.

Do you think if I plead not guilty I have anyway of actually winning? And do you think that hair color mix up might actually help my case?
Thanks!What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
The hair color on the ticket isn't going to matter one bit.
It doesn't matter if you hadn't been drinking "much." You aren't supposed to drink at all. If there is any sign you had anything to drink, you're guilty. Why do you think you're getting off? Because you helped your extremely intoxicated minor friend lie to police as well?
 

quincy

Senior Member
Hair color, as FlyingRon said, makes no difference. Same with eye color. You can dye your hair pink and wear red contacts. Still doesn't make your MIP go away. ;)

You will probably be offered a diversion program, if this is your first offense. Diversion will allow you to avoid having a criminal record, which would play havoc with your employment opportunites, school choices, loans, insurance rates and travel.

You do not want a conviction on this MIP (which would result in a misdemeanor on your record) so you would be wise to consult with an attorney in your area, who can help ensure you get into the diversion program. You will be required under the terms of the program to complete a certain number of community service hours, attend alcohol education classes, pay all costs incurred as a result of the program's requirements, and stay out of all trouble during what is usually a six month probationary period.

If you satisfy all terms of the program during the probationary period, your MIP charge will be dismissed and there will be no public record of it to report on applications (but the Secretary of State and law enforcement keep a non-public record and, depending on some application question wordings for some professions, you may need to report you had charges dismissed).

If you do not satisfy all terms and you violate any other law, your MIP will be entered and you will wind up with a criminal record.

Again, seek the advice and direction of an attorney in your area. Getting convicted on an MIP is a big deal - you want to avoid a conviction.

As for your friend, she is dealing with additional problems and should also seek help from an attorney.

Both of you, by the way, were wise to refuse the breathalyzer, not so wise to admit to drinking. . . . although from your description of your condition, I am not sure that really matters.

Good luck.:)
 
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