If you have completed an MIP diversion program, even as a juvenile offender, it may still come back to haunt you in a big way. When you went through the first time offenders program offered in your local court, you never anticipated drinking again and getting another MIP charge. However, for those who have pending charges after already completing a diversion, it may be used as a prior for purposes of enhancing your current charges.
The MIP statute in Michigan specifically states that a prior diversion program can be used as a prior offense for the prosecutor’s charging decision. This means that at any time during the court process, the prosecuting attorney may decide to amend your charges to read as an MIP – Second Offense, which would bring 30 days of jail time into the picture if you are placed on probation and violate. This is huge as most courts and prosecutors were treating MIP charges after a diversion as a true first offense with NO jail time.
Where might this affect you if you are a true first offender? If you have any possible defenses in your case like the following:
- No Miranda Rights read to you before you made statements to the police about drinking
- No consent was given to take a Preliminary Breath Test – PBT
- Police illegally entered a house to search or questions about noise violations or underage drinking
- Police used excessive force during the arrest (weapons drawn, tasers, or mace)
If any of these defenses are even a possibility in your case, it may be worth the time and money to have an experienced attorney review your police report, any recordings taken at the scene, or videos from in-car cameras. This may be able to be leveraged to a plea agreement other than using up your diversion program and having it used against you at a later date as a prior offense.
Call Raymond Purdy today for a FREE MIP consultation at 1-616-502-1646