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  1. #1
    Join Date
    May 2011
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    1

    Default Successive MIP Charges

    My question involves criminal law for the state of: Michigan

    I'm 19 years old. I'm in school, and I have a job.
    I received my first MIP in Detroit 6 weeks ago when a concert venue was raided. (I blew a .10/ had a designated driver) At my arraignment I pleaded not guilty. My pre-trial hearing is set for June 24.

    Last night in Sterling Heights I received my second MIP when the cops saw me leaving a house party. (went to my friends car to grab gauze for a girl who cut her foot and was bleeding everywhere, I was not about to drive anywhere) I blew a .07

    I plan on getting an attorney, but hopefully you guys can answer a couple of my questions while I save up money:

    What should I expect?
    Will my license be suspended?
    On June 24 will the judge see the pending second offense on my record?
    Can i still claim to have no previous offenses on June 24?
    Is there anything I can do before my court dates to make this go smoother?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: 2 Succesive Mips Michigan

    Quote Quoting XYZ0
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    My question involves criminal law for the state of: Michigan

    I'm 19 years old. I'm in school, and I have a job.
    I received my first MIP in Detroit 6 weeks ago when a concert venue was raided. (I blew a .10/ had a designated driver) At my arraignment I pleaded not guilty. My pre-trial hearing is set for June 24.

    Last night in Sterling Heights I received my second MIP when the cops saw me leaving a house party. (went to my friends car to grab gauze for a girl who cut her foot and was bleeding everywhere, I was not about to drive anywhere) I blew a .07
    0.10 & 0.07 is not good. Anything above 0.02 is a slam dunk for the prosecutor.

    Quote Quoting XYZ0
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    I plan on getting an attorney...
    Good, you'll need one.

    Quote Quoting XYZ0
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    What should I expect?
    You can read the penalties under 436.1703 Purchase, consumption, or possession of alcoholic liquor by minor; attempt; violation; fines; sanctions; furnishing fraudulent identification to minor; screening and assessment; chemical breath analysis; notice to parent, custodian, or guardian; construction of section; exceptions; "any bodily alcohol content" defined.

    A quick glance shows:
    For a first conviction: a fine of not more than $100.00 + court costs, maybe ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).

    For a second conviction: imprisonment for not more than 30 days but only if the minor has been found by the court to have 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, a fine of not more than $200.00 + court costs, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).

    Quote Quoting XYZ0
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    Will my license be suspended?
    Looks like you may get a 90 day suspension: See subsection (7) of 257.319 Mandatory suspension of license; record of conviction for certain crimes; waiver; restricted license; prior convictions; violations arising out of same transaction.

    (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.


    Quote Quoting XYZ0
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    On June 24 will the judge see the pending second offense on my record?
    Its possible that the prosecutor will run your record prior to the court hearing. Whether they find out now or later, they will find out!

    Quote Quoting XYZ0
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    Can i still claim to have no previous offenses on June 24?
    Same as above.

    Quote Quoting XYZ0
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    Is there anything I can do before my court dates to make this go smoother?
    Sure... You can start attending AA meetings (or better yet, sign up for treatment) and get your attendance documented. That way when the judge orders you into treatment, you've already taken the first step.

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