If my 18 year-old son was ticketed withan MIP, what is the process?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my 18 year-old son was ticketed withan MIP, what is the process?

He was not driving, nor in a car. The “party” at his friend’s house became larger with 20 cars along the road. Police arrived and gave him and many others a breathalyzer; BAC was 0.09. What is his hearing and court process (as he is attending college out-of-state, and we are trying to figure how how often he needs to come home). Also, do I really need a lawyer for the first hearing , as this is his first offense?

Asked on January 10, 2011 under Criminal Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

MI has one of the toughest Minor in Possession (MIP) laws in the country. Under the law, any bodily alcohol content is prohibited.  An MIP conviction has serious consequences - it constitutes a misdemeanor and can be punishable by community service, alcohol screening,alcohol treatment/rehabilitation, and driver's license suspension. Additionally, an MIP conviction is permanently displayed on a person's public record which can impact eligibility for student loans, housing, employment, insurance rates, and more.

Accordingly, you would be well advised to consult with a defense attorney to represent your son. The fact is that anytime criminal charges are involved skilled and experienced legal counsel should be retained. They may be able to get the charge dismissed on a technicality, win an acquittal at trial, or at least get your son entry into a first-offender program (which would eliminate the harsh consequences of being found guilty).

Note: If getting a charge dismissed or obtaining ab acquittal is critical in the event that your son is again charged with MIP. A second offense can be punishable by jailtime and his criminal record will be permanently affected.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption