Consequences of a Second MIP
My question involves criminal law for the state of: Michigan
I previously received an MIP in the fall of this year, and had a deferment program with pbt tests, probation (3 months) and a fine (about 400).
I had completed it fully, but then i stupidly decided to go out and drink this st. patties day weekend
and when going up to my dorm room the night attendant stopped me, which led to her calling the police them questioning me and a breathalyzer test.
so i got a second mip.
i've read online in some places that my license will get suspended for 90 days, is there anyway i can get around this?
my school (MSU) has a free lawyer service that i was going to use again, but i'll need my license for my summer job and classes.
I've honestly been very good about not drinking and was never very big into before, i just have bad luck. I know i shouldn't be drinking at all being underage, and i wont again, i just would like to know what kind of consequences i may be facing, and if there is a way i can lessen them and show the judge i'm a good student/person besides what it says on paper?
Re: Consequences of a Second MIP
You need to consult a local lawyer to determine the local prosecutor's policies on plea bargaining MIP charges (some college communities take a hard line, harder on repeat offenders). If you are convicted of the offense, your license will be administratively suspended.
Quote:
Quoting MCL 436.1703(1)(b)
For a second violation of this subsection, section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially corresponding to this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 30 days but only if the court finds that the minor violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, by a fine of not more than $200.00, or both. A court may order a minor under this subdivision to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of the office of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (5).
Quote:
Quoting MCL
(7) For a violation of section 624a or 624b of this act or section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, the secretary of state
shall suspend the person's license as follows:
(a) If the person has 1 prior conviction for an offense described in this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, for 90 days. The secretary of state may issue the person a restricted license after the first 30 days of suspension.
(b) If the person has 2 or more prior convictions for an offense described in this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue the person a restricted license after the first 60 days of suspension.