First Offense, sober MIP.

[Clopay]

Hi, I am a 19 year old male from the state of MICHIGAN, residing in OAKLAND COUNTY. I recently was issued an MIP, along with two moving violations.

To start, I have a restricted driver's license (no driving from 10 PM to 6 AM, no passengers under 25 years of age). Stupidly, I was driving with three passengers, around 12 AM, and forgot to turn on the headlights. I was soon pulled over, and arrested for being in violation of my restricted license.

One of the passengers, who is 21 years of age, had an amount of alcohol (a case of beer, several wine coolers) all of which were unopened. Upon seeing this, the officer asked for me to take a breathalyzer. Aware that I could refuse, I still proceeded to take it to make things slightly easier, as we were all completely sober.

Soon after, the other two minors and myself were issued MIPs. The 21 year old was issued distributing alcohol to a minor. I was also issued two tickets, driving with no headlights and violating my license restrictions.

I am not worried about my license restrictions and moving violations, I know what should and will happen. It should be suspended for an amount of time. I drove when I wasn't supposed to with other people, and that's that.

I am wondering what the proceedings for the MIP will be in court. I am aware that Michigan is a tough state for the minor in possession law, especially with a few of the Oakland County judges. I have done a small bit of research, and I'm wondering:

What is the diversion program, and what is the best way to go about it? Am I better off pleading guilty, not guilty? Given the state and county I live in, is a lawyer necessary? Will the fact that I violated my driving license at the same time I was issued an MIP be of great concern? Since all alcohol was unopened and all four passengers completely sober, will that help the situation in court? Can the 21 year old be successfully charged with distributing to minors, even though the officers had no evidence it was to be given to us? The other two minors had little to nothing to do with the situation, even though they were in the presence of alcohol - will court be easier on them?

I appreciate anything that would help inform me of my circumstances.

 

[quincy]

I advise you strongly to get an attorney.

Oakland County, especially 52-3 District Court and 48th District Court, have judges you do NOT want to be facing with your MIP, especially if you were additionally ticketed for no headlights and for violating your restricted license.

While a first offense Michigan MIP often means a $250 fine and substance abuse classes and a 6 months probation period, with a discharge and dismissal of the charge at the end of the satisfactory completion of an offered diversion program, Oakland County has judges who will NOT offer diversion. If convicted, you will have a misdemeanor record. These judges often have excessive probation requirements, and they order excessive fines, require mandatory drug and alcohol testing, and - despite the fact that first offense MIPs are not generally jailable offenses - these judges jailed 109 MIP first offenders in 2008.

A lawsuit was filed by the Criminal Defense Attorneys of Michigan against two of these judges, brought on behalf of three families whose minor children were jailed, and the ACLU has stated that some judges in Oakland and in Ottawa Counties are abusing their power.

Being a "minor in possession," by the way, just means that there was alcohol present - it does not matter if the alcohol was in unopened containers and it does not matter if everyone present is sober. The 21 year old can be convicted of distributing alcohol to minors. And, although diversion may not be an option for you in Oakland County, you would need to plead guilty in order to be offered the diversion program.

You really need an attorney - one who is experienced with MIPs and one who knows the judges. He can tell you what you can hope for, and what you can expect.

 

[Clopay]

That pretty much summed it all up...I can't really think of anything else I've got on my mind. Thank you, Quincy, extremely helpful!

 

[quincy]

You're welcome, Clopay. Good luck with it all.