MIP in michigan

[gnome1321]

the other day I was at a friends dorm room on the U of M campus and a cop opened the door and said she had smelt alchoal out side the door. I, along with 8 others were given a breath test. I was told I blow a .15 I was then taken to jail where I recived no further test but was put in a holding cell till 5 that morning. I am 20 and was wondering if there is any loop hole that may allow me to contest this charge it is my second but not within the probation period of the first. as a side note I was chewing gum at the time and was not given the 15 min down time that I think is manditory. please help

 

[Wolflmg]

the other day I was at a friends dorm room on the U of M campus and a cop opened the door and said she had smelt alchoal out side the door. I, along with 8 others were given a breath test. I was told I blow a .15 I was then taken to jail where I recived no further test but was put in a holding cell till 5 that morning. I am 20 and was wondering if there is any loop hole that may allow me to contest this charge it is my second but not within the probation period of the first. as a side note I was chewing gum at the time and was not given the 15 min down time that I think is manditory. please help

Ah, no you were drinking underage and got caught. Apparently you didn't learn your lesson the first time, so this time the courts going to be a lot hard on you. I suggest start saving your money to pay all the fines and you might want to look into another source of transportation, seeing as how in some cases, they can stop your from driving or give your driving restrictions.

So I highly recomend not taking another drink of alchoal, until your 21.

 

[Happy Trails]

the other day I was at a friends dorm room on the U of M campus and a cop opened the door and said she had smelt alchoal out side the door. I, along with 8 others were given a breath test. I was told I blow a .15 I was then taken to jail where I recived no further test but was put in a holding cell till 5 that morning. I am 20 and was wondering if there is any loop hole that may allow me to contest this charge it is my second but not within the probation period of the first. as a side note I was chewing gum at the time and was not given the 15 min down time that I think is manditory. please help

Gum isn't going to make you blow a .15. The fine for a second violation is $200. You probably will be required to undergo substance abuse treatment.

MCL 257.319(7)(a)
License shall be suspended 90 days -- restricted possible after 30.


30 Days Jail is possible only upon violation of probation; failure to successfully complete treatment or pay fine.

You definately need to get a handle on this; you don't want a third violation.

 

[Happy Trails]

Did you get a diversion for your first offense?

MCL 436.1703(3)
Under the new law, the court can order diversion for a first offense. Upon successful completion, there is no conviction. This can only be done once. A record of the diversion is kept by the Secretary of State's Office. If successfully completed, and if another MIP charge is brought afterwards, the second charge is a first offense. However, that one can not be diverted. If the diversion was not successful, then a conviction is entered for a first offense.

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