The legislature has passed a new law and it has been signed by Michigan’s governor. It makes a first offense MIP a civil infraction with a $100 fine. Sounds great right? We have been fighting for many years to lower MIP criminal charges to civil infractions and certainly we are excited that many really good kids will not have a criminal record for a one-time mistake.
The problem with this? Many of our clients and many young people who choose to drink underage do not make “one-time mistakes”. The underage drinking culture is embedded in society and until we lower the drinking age to 18, the problems will really not go away. This new law provides a new incentive for minors to drink and what they do not realize is that a second offense can now carry up to 30 days in jail!
This is a major change from the current law that only allows a judge to order jail time if the minor violates probation on a second offense. Therefore, we are advising all minors that receive a civil infraction to FIGHT their ticket. We can force a court hearing with a judge and cross-examine the officers to make sure they can prove you possessed or consumed alcohol. Before our hands were tied in terms of getting to a court date due to the fact that if you went to a trial, the diversion program was no longer available. Now we can challenge EVERY case before a judge.
Know your rights and call Attorney Ray Purdy immediately for a FREE MIP consultation.