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Proposed Law Would Change Minor In Possession to a Civil Infraction

May 20, 2015 Criminal Law and Procedure

A Minor in Possession of alcohol charge can be an all too common experience these days for young people and especially for college students.

A new proposed law would change a first and second offense minor in possession charge from a misdemeanor to a civil infraction. This new law would help out young people who may be hurt by a criminal charge on their permanent records.

Currently under state law, an MIP is a misdemeanor, punishable by fines and probation, though not by jail time. An MIP conviction can stay off a minor’s record upon successful completion of probation. If probation requirements are not fulfilled then the MIP can remain on the minor’s permanent record.

A second offense is a misdemeanor, also punishable by fines and probation, but with 30 days of jail time possible if the minor violated a term of probation. A third offense comes with fines and a possible 60 days in jail upon a probation violation.

Most importantly, a first and second time MIP would not go onto a minor’s record, unecessarily hurting the minor’s chances to get a job.

Cities and townships have similar laws to the state law.

A new law being discussed in the Michigan State Senate would change this framework.

Under the new law, a first time MIP would be a civil infraction punishable by a $100 fine.

A second offense would also be a civil infraction, with a $200 fine.

A third MIP would still be a misdemeanor, with a $500 fine and jail time possible for a probation violation.

Contact Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a traffic ticket lawyer in Ann Arbor.

ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.