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  1. #1
    Join Date
    Apr 2013
    Posts
    3

    Default Charged With MIP for the Second Time

    My question involves criminal law for the state of: Michigan
    I have just gotten my second MIP and I am very confused and scared. I had gotten one other which was a Possession of Alcohol under 21 (PAULA), on my spring break in Florida. This was just because I was holding alcohol (I didnt have to blow for a PBT). For this I had taken the misdemeanor diversion program and had it removed from my record. My question is will this still show up in court since it was taken off of my record and was in a different state? and will this now count as my second MIP or will it be my first?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Second MIP and Confused

    I don't know what you mean by "taken off" your record but my guess is that, for prosecution, the record is going to be available and used against you.

  3. #3
    Join Date
    Apr 2013
    Posts
    3

    Default Re: Second MIP and Confused

    Well after completing the programs requirements it said that the charges would be dismissed/dropped. And it doesn't matter that it was in a different state right?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Second MIP and Confused

    Either the prosecution will learn of it or they won't. If they do, it's a prior. If not, then not. I'm not expecting that they'll be searching for your history of deferrals in other states, but I'm not the prosecutor.

    The only way to find out what the future holds for you is to wait and see what happens.

  5. #5
    Join Date
    Apr 2013
    Posts
    3

    Default Re: Second MIP and Confused

    That was exactly what I was thinking. There is no way to know until I meet with the judge. I would like to know if I should look into hiring an attorney and also if I should just plead guilty?

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