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Consequences of a MIP Conviction

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  • 07-12-2015, 11:21 PM
    mipteen
    Consequences of a MIP Conviction
    My question involves criminal law for the state of: Michigan

    I am 19 years old and received a MIP ticket in Troy, Michigan. I was in a public place and was approached by cops who asked for me to take a PBT test which I didn't realize I could refuse. I had no alcohol on me but I blew a 0.10 for my PBT. I have a lawyer and I understand that I will most likely be given a fine and a probation period.

    The problem is that I go to college out of state, do not have a car on campus, and I am a college athlete which means for the next 3 months I have absolutely no free time whatsoever.

    I risk losing my scholarship if I have to go to random drug tests and miss practice/games and I don't exactly have a car to get me to the office to take the test in the first place. My coaches won't necessarily care that I got in trouble during the summer on the off season but I could seriously risk my spot on the team for having to miss practice/games.

    The last thing I want to do is get a misdemeanor conviction on my record, but will the judge understand if I'm an athlete with good grades and a clean record? Being an college athlete means I can't drink for the next 3 months anyway. Is there a chance I won't have to do the probation and just get a fine?

    Also, will the cops that gave me the MIP be present at my arraignment? I was polite and cooperative. Maybe too cooperative.
  • 07-13-2015, 04:09 AM
    flyingron
    Re: MIP Consequences and Probation in Michigan
    You need an attorney. If you don't want a conviction other than not committing a crime, you definitely want one. Michigan is all over the place on pretrial diversions. Some judges regularly issue them, so are extremely predisposed against them. You need an attorney familiar with the local court.

    You can apprise your attorney of your school status. Many times, things can be worked out (transferring probation to the other state's probation department, for instance).

    There's not usually any witnesses (i.e., the officer) at the arraignment. That's reserved for the trial itself.
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