What is the worst case scenario for an MIP charge? 8 Answers as of September 05, 2011

I live in Michigan. I was charged with an MIP and an open alcohol container in my car. What is the most severe punishment?

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Lewis & Dickstein, P.L.L.C.
Lewis & Dickstein, P.L.L.C. | Loren Dickstein
There are penalties any time you plead guilty to a criminal offense. A first offense MIP carries no jail time and there is a fine and cost. If you are placed on diversion, the court can order alcohol testing, counseling, classes, additional costs and probation oversight.For a second offense. A minor could face jail time for a violation of probation up to 30 days. There are also consequences for your license. This is on top of any fines and costs. For a third offense, you could face even more jail time as well as additional fines and costs. Multiple MIP offenses will begin to label you as an alcoholic that could severely impact your future.
Answer Applies to: Michigan
Replied: 9/5/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
You'd need to consult with an attorney. Anyone charged is presumed innocent until proven guilty. The prosecutor needs to prove any of those allegations beyond a reasonable doubt. Most attorneys provide a free initial consulation. Speaking generally, a "worst case scenario" depends on what a person is ultimately were charged with and what they are actually convicted of. Simply because a person is charged does not mean they will be convicted. The burden of proof is significantly harder for a prosecutor at trial than it is to simply charge someone. A judge will advise someone of their charges and their maximum possible penalties when they were arraigned. A "worst case scenario" would be serving the maximum pursuant to the state law. Further, with any crimes involving a vehicle in some manner, there may be additional civil infractions or additional potential charges which could add license sanctions and other potential penalties if convicted.
Answer Applies to: Michigan
Replied: 8/29/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
Open alcohol in a motor vehicle is a 93 day misdemeanor. That means you could be placed in jail for 93 days. As for MIP, it would depend on the court. Each handle them a little different but generally there is probation and fines and costs. Violation of probation could mean time in jail.
Answer Applies to: Michigan
Replied: 8/26/2011
Law Offices of Jeffery A. Cojocar, PC
Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
Jail on the open intox charge.
Answer Applies to: Michigan
Replied: 8/26/2011
Law Offices of Marshall Tauber
Law Offices of Marshall Tauber | Marshall Tauber
Most MIPs end up with some form of probation but that really depends on the District Court in the jurisdiction where you were ticketed some judges realize that the law says that probation or jail is not allowed if the only charge is MIP but other judges choose to ignore the law & act like kings or queens doing whatever they want & justifying their actions by saying it's good for the community to ignore the limitations of the law.
Answer Applies to: Michigan
Replied: 8/26/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    90 days in jail plus probation.
    Answer Applies to: Michigan
    Replied: 8/26/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The open container can carry up to 90 days in jail and is more severe than the MIP but the MIP can impact his license. So you want to get an attorney.
    Answer Applies to: Michigan
    Replied: 8/25/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    For the first offense, you can be fined up to $100 and ordered to attend substance abuse treatment programs, have a substance abuse assessment done at your own cost, and perform community service. Those are the maximum possibilities. You may also be eligible for a diversion program which upon successful completion, would keep the conviction off of your public record. Even those it is only a misdemeanor, it can still hamper you and have bad consequences on your future. I would strongly consider investing in an experienced criminal lawyer. It's worth it.
    Answer Applies to: Michigan
    Replied: 8/25/2011
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