MIP in Michigan, never breathalized. Diversion possible?

[Ferv]

What is the name of your state (only U.S. law)? Michigan
Age: 19 Year old Male
Previous Charges: Plead guilty to an OWI for marijunna when 17. Probation completed.

Last night I was awoken while sleeping on my friends futon in his dorm room by a police officer who had knocked on my friend's dorm room door and asked to come in for apparently smelling Weed from the Hall way (my friend has smoked previously at a party before I arrived in his room to sleep in, but there was none remaining in the room, and I had not partaken in the act). After waking up, I was asked to go outside the room by another officer to be questioned about the weed in which I honestly admitted I had consumed 2 beers several hours earlier but had no knoweledge of my friend smoking in his dorm room (he didn't). I figured compliance was the best option seeing as in general the cops at my college are leiniet, and I was clearly acting docile and coopoperative. The officer then informed me that I wasn't going to get in trouble for anything, and asked if I had any alchohol on my possessions in the room, in which I admitted to a half open bottle of vodka that was in my backpack and had been there for a few days, figuring it would just be confiscated due to the officer's assurance that they were there for my friends non-exsistant weed. After being left outside the room for 10-15 minutes while the officers questioned my friend, they came outside again and handed me a MIP citation sheet. I do not belive I was visibly drunk, as I had not drank in the past 3-4 hours and had been sleeping for the past half of one, and never was asked to take a test.

I realize that MIP applies to more than just consumption, and I had admitted to having the bottle in my backpack, but I had never directly declared ownership over the bottle, merely admitted it was in my backpack. This leads me to a few questions regarding this topic, which are...

1) If my friend agrees to collaborate, should I just claim the bottle was his also? He also was given an MIP, and has expressed guilt over his room smelling due to his clothes, so I'd assume he would just admit ownership over it, as he had 2 bottles in the room already and there is no greater punishment for having 3 instead of 2. I realize this is kinda cold-hearted, but he is a rational guy and I am sure if I approached him, would agree to it, as there really is no reason for both of us to get charged. I admitted to drinking earlier, but as I was not obviously intoxicated, and was never breathalized, would that still stand? Is it possible just to deny I ever admitted to drinking earlier in the night and blame it on my manic stage of bipolar/prescription meds making me lie compulsivily?

2)Assuming that none of those attempts to get out of the charge work out, would Diversion be possible as it is my first MIP offense? I plead guilty to an OWI for driving while high two years ago, so I am not sure if it would be offered, as I have a previous offense.


Thank you in advance for reading and offering your advice, it is greatly appreciated.

 

[mistoffolees]

I realize that MIP applies to more than just consumption, and I had admitted to having the bottle in my backpack, but I had never directly declared ownership over the bottle, merely admitted it was in my backpack. This leads me to a few questions regarding this topic, which are...

1) If my friend agrees to collaborate, should I just claim the bottle was his also? He also was given an MIP, and has expressed guilt over his room smelling due to his clothes, so I'd assume he would just admit ownership over it, as he had 2 bottles in the room already and there is no greater punishment for having 3 instead of 2. I realize this is kinda cold-hearted, but he is a rational guy and I am sure if I approached him, would agree to it, as there really is no reason for both of us to get charged. I admitted to drinking earlier, but as I was not obviously intoxicated, and was never breathalized, would that still stand? Is it possible just to deny I ever admitted to drinking earlier in the night and blame it on my manic stage of bipolar/prescription meds making me lie compulsivily?

2)Assuming that none of those attempts to get out of the charge work out, would Diversion be possible as it is my first MIP offense? I plead guilty to an OWI for driving while high two years ago, so I am not sure if it would be offered, as I have a previous offense.


Thank you in advance for reading and offering your advice, it is greatly appreciated.

First, the bottle was in your backpack - that counts as possession regardless of who you say it belongs to.

Admitting to lying to a police officer may be about as serious a charge as what you're facing, so I'm not sure what you'd be gaining by making up that story (other than facing possible contempt charges if the court finds out that the new story is a lie).

See an attorney who can explain your rights and options. And quit with the booze and drugs.

 

[Ferv]

First, the bottle was in your backpack - that counts as possession regardless of who you say it belongs to.

Admitting to lying to a police officer may be about as serious a charge as what you're facing, so I'm not sure what you'd be gaining by making up that story (other than facing possible contempt charges if the court finds out that the new story is a lie).

See an attorney who can explain your rights and options. And quit with the booze and drugs.

1) Would you happen to know the liklihood of being able to get diversion on a plea deal? I realize itd be most probably dependent on the judge in question, but does diversion normally only occur on the first charge?

2) For misdeamanors, are the cops required to be present at the hearing?

3) What if it was stated that my friend just tried to hide the alch in my backpack, and in the suddenness of knowing the cops were outside, I reluctantly agreed without fully comprehending the situation at hand? I never said the bottle was mine, simply that there was one in my backpack, so I wouldn't consider that lieing to the officer in the orginal circumstance.

 

[justalayman]

you are guilty of MIP for both the possession of the bottle and having (admittedly) drank a couple beers.

note: possession does not equal ownership so whether it was your bottle or your buddies, it was in your possession.

For misdeamanors, are the cops required to be present at the hearing?

they do not have to be there unless called as witnesses for your trial, should it get that far. Until that point, their reports will suffice.

there is almost always a chance of working a deal. It doesn't always end up what you want but the prosecutor would generally have a person confess to a crime than have to take the time to prosecute a case.

 

[Ferv]

you are guilty of MIP for both the possession of the bottle and having (admittedly) drank a couple beers.

note: possession does not equal ownership so whether it was your bottle or your buddies, it was in your possession.

they do not have to be there unless called as witnesses for your trial, should it get that far. Until that point, their reports will suffice.

there is almost always a chance of working a deal. It doesn't always end up what you want but the prosecutor would generally have a person confess to a crime than have to take the time to prosecute a case.

Thank you for the information. I will speak to the head judge of the county who is actually a teacher of mine and ask him for his recommendation for a good lawyer in the area sometime in the next week.

In the mean time, does anyone know a site that has the maximum punishment clearly stated? Due to my OWI, should I expect my license to be suspended?

 

[justalayman]

Thank you for the information. I will speak to the head judge of the county who is actually a teacher of mine and ask him for his recommendation for a good lawyer in the area sometime in the next week.

In the mean time, does anyone know a site that has the maximum punishment clearly stated? Due to my OWI, should I expect my license to be suspended?

Without you providing a specific law, I would have to guess this is the likely law:

http://www.legislature.mi.gov/(S(w3j0tz450ybraynprrx30ift))/mileg.aspx?page=getObject&objectName=mcl-436-1703

I would say section 2 is probabably what you are looking at based on what you said about prior convictions.

Then, to answer your question about the license:

(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.

I don't know how seriously they take that "shall" but generally, shall means it will happen.