Traverse City Minor In Possession
A Traverse City Minor in Possession charge may be dismissed if the minor successfully completes a probationary period. A deferred prosecution allows you to avoid jail, avoid a Criminal Record and Keep Your Driver’s License.
Deferred prosecution of a Traverse City Minor in Possession charge protects the underage drinker from jail and a permanent criminal record. On the other hand, the repeat offender faces potential jail time, costly probation conditions and a mandatory license suspension. For a free case evaluation contact Patrick Fragel today.
A Traverse City Minor in Possession (MIP) of Alcohol, while tough on drinking, offers a generous deferred prosecution for first time offenders. When a minor who has not previously been convicted of Minor in Possession pleads guilty, the court, without entering a judgment of guilt, may defer further proceedings and place the Defendant on probation. The conditions of probation will include payment of the court costs, probation costs, the costs of substance abuse testing, and rehabilitation services. If the minor violates a condition of probation, the court may enter an adjudication of guilt,and enter a conviction on the minor’s record if he is 17 years or older. If the person successfully completes the terms and conditions of probation, the court shall dismiss the Traverse City Minor in Possession charge.
Dismissal under this section shall be without adjudication of guilt, and does not carry with it the consequences of a conviction. An person may obtain only 1 discharge and dismissal under the Traverse City Minor in Possession law.
PARENTAL INPUT: Parents of a minor charged with a Traverse City Minor in Possession may request a random or regular preliminary chemical breath analysis as part of the probation. Courts encourage parents to participate in the minor’s rehabilitation. If requested by a parent, the Court can impose curfews and high school performance standards as conditions of probation.
FIRST OFFENSE If convicted, First offenders under the MIP statute face a $100 fine, court costs and supervised probation. The conditions of probation may include community service, substance abuse screening and assessments, which can be very time consuming and expensive. The first conviction will undoubtedly cause a spike in your insurance rates.
SECOND OFFENSE A second MIP conviction has a possible 30 day jail sentence. Jail can be ordered if the court finds that the minor violated an order of probation. The probation violation could include failure to complete substance abuse treatment, drug screening, or community service, or failure to pay the fines for the first conviction. The fine doubles to $200.00. The court is likely to order strict substance abuse monitoring such as urine analysis, daily preliminary breath tests (PBT’s), and/or formal substance abuse treatment.
THIRD OFFENSE The third MIP conviction can land the minor in jail for up to 60 days. The fine is hiked up to $500, plus court costs. Inevitably, a third offense will result in regular chemical testing, and substance abuse counseling.
Driver’s License Penalties for a Traverse City Minor in Possession – MIP
The Michigan Secretary of State (SOS) will impose the following suspensions when a minor is convicted of Minor in Possession MIP:
1) Deferred Prosecution: No sanctions.
2) First Offense: 60 suspension.
3) Second Offense: 90 days. The SOS may issue the person a restricted license after the first 30 days of suspension.
4) If the person has 2 or more prior MIP convictions, the SOS shall suspend the drivers license for 1 year. The SOS may issue the person a restricted license after the first 60 days of suspension.
Keep in mind, if you are convicted of MIP after having a deferred prosecution, the SOS will use the deferred prosecution to enhance the license sanctions.
ABOUT THE AUTHOR: Patrick S. Fragel
Don’t Let an MIP Damage Your Record!
Call Traverse City Defense Attorney Patrick S. Fragel
Distinguished Rating for Legal Skills and Ethical Standards from Martindale-Hubbell