If my 18 year-old son was ticketed withan MIP, what is the process?
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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 13 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.
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