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Exercise Your Constitutional Rights During
Police Contact |
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Do not say anything.
Do not answer any
questions.
Do not blow into a
preliminary breath test (PBT) device.
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You may receive
a civil infraction for your refusing a PBT.
However, by taking a PBT you will be furnishing the police
with evidence to use against you for MIP which is a criminal
charge.
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Courts in
Michigan have found it is a violation of the 4th Amendment for
police to force a minor to take a PBT without a search
warrant.
If not driving, you
(usually) do not have to provide ID or identify yourself.
Unless the officer has specific facts that give rise to reasonable
suspicion that you are or have committed an offense.
Politely but firmly
tell the police office that you will not answer any questions
without an attorney present and that you will not blow into a PBT.
(You may need to repeat this several times to the police officer)
Remember, anything you say or do will be used against you by
the police.
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What To Do After You Have Been Charged
With An MIP |
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Do not plead guilty
simply because you drank some alcohol, failed a breath test, or
admitted drinking to the police. It is your constitutional
right to plead not guilty. The prosecutor has the burden of
proof in all criminal matters. In order to be convicted,
there
must be proof beyond a reasonable doubt that
you are guilty.
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Do Not Go It Alone |
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If you plead guilty
to a minor in possession of alcohol (MIP) charge at the your
arraignment, the court will accept your plea and you cannot
change your plea without filing a motion and obtaining the court's
consent. By entering a guilty plea at the initial
arraignment you are waiving all your rights, including the right
to the assistance of an attorney.
It is crucial to
have an attorney represent you when you are charged with a crime.
An attorney will ensure that you receive copies of the police
report and any videos from your arrest. It is important that
you do not plead guilty to a crime without having the opportunity
to review and discuss the evidence against you with your attorney.
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MIP Is A Criminal Offense |
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An MIP conviction is
reportable to the Michigan State Police and the Michigan Secretary
of State and will be listed on your driving record. A
conviction for MIP becomes a part of your permanent criminal
record. A criminal conviction on your record may affect
your ability to obtain future employment and professional
licenses.
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First Offense MIP Penalties |
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MIP first offense is
a misdemeanor punishable by a fine of $100.00 and community
service.
A conviction for MIP
first offense may result in a term of probation not to exceed 24
months. Probation terms generally include: no use of
illegal drugs, no use of alcohol, random drug and alcohol testing,
substance abuse counseling and treatment, community service, at
least monthly reporting to probation, fines, court costs, and
costs for substance abuse counseling and treatment.
If you violate any
terms of probation the court may hold you in contempt of court and
impose jail.
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Second Offense MIP Penalties |
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In addition to first
offense penalties, a second offense MIP will result in suspension
of ALL driving privileges for 30 days followed by a 60 day
restricted license. The maximum fine increases and if you
violate probation, you can receive up to 30 days in jail.
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Third Or Subsequent Offense MIP Penalties |
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In addition to first
and second offense penalties, a third offense MIP will result in
suspension of ALL driving privileges for 60 days followed by a restricted license
for 305 days. The maximum fine increases and
if you violate probation you can receive up to 60 days in jail.
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The law office of
Frederick J. Taylor specializes in the aggressive defense of MIP
offenses and can assist you in obtaining a favorable result.
REMEMBER..... |
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1350 West Centre - Suite 200
Portage, MI 49024
Kalamazoo phone: 269-388-6060 |
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