Category Archives: Uncategorized

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.

If you are being investigated for possessing or consuming alcohol after a party, you need to be very aware of the Social Gathering statute in Michigan. 750.141a Definitions; prohibited conduct by person having control of real property; applicability of section; violation of subsection (2) as misdemeanor; penalty; evidence of rebuttable presumption; selling or furnishing alcoholic…

When we speak with parents of minors who have been charged with Minor in Possession of Alcohol – MIP, we have to be very honest with them and counsel that the alcohol charge could be the tip of the iceberg. What do we mean by this and why are we being so negative? We have…

The second title for this article should be “People of the City of Troy v. Emran Chowdhury Revisited.” The Michigan Court of Appeals issues an opinion on September 10, 2009 that would change the MIP law and defenses available to minors. However, it seems that the Michigan Legislature, despite amendments that were made after Chowdhury, continues…

The Michigan Court of Appeals, in People of the State of Michigan v. Bartoy overturned both a trial court and a Circuit Court order refusing to grant a minor Holmes Youthful Trainee Act status on an MIP case. We have seen this across the state of Michigan where trial judges, who may be unfamiliar with this case,…

Many times an MIP case can hinge on how effectively a defendant can relay information about the night in question to their attorney. There have been many instances where young people, who have been consuming alcohol, have told us they took a PBT test and even thought they knew their number. After diligent inquiry into…

The Michigan Court of Appeals, in a decision published on February 15, 2002 in People of the State of Michigan v. Rutledge decided that a minor who consumes alcohol in Canada legally (the drinking age in Canada is lower than Michigan) cannot be charged with a violation of MCL 436.1703(1). However, you need to dig a…

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…

Effective June 1, 2012 The Michigan Legislature has amended the MIP Statute in Michigan to include amnesty for those that voluntarily present themselves to health facilities or contact a police officer for treatment. This can also apply to the individual who accompanies a person who has been drinking and presents themselves to a peace officer or health…

The Law Offices of Raymond A. Purdy, PLLC | 821 West Savidge St. Spring Lake, MI 49456 | Phone: 1-616-502-1646 | Fax: 1-616-842-5735