By: Chip Berschback
Q. My child lives off campus at college and just received a minor in possession ("MIP"). How serious is this and could jail time be imposed?
A. Any drug or alcohol related offense at any age needs to be handled very seriously. Under age drinking is a crime and enforcement is now very strict.
The law in Michigan does recognize that first offenders should be treated with some leniency, and the law allows a Defendant to be placed on probation for a period up to one year. If the conditions of probation are met, the charges are eventually dismissed. The case history is recorded to prevent second offenses from being treated in a similar manner. Courts vary widely in imposing probationary terms for first offenses. The conditions generally include alcohol counseling, random alcohol/drug testing, community service, and fines and costs. The result, however, does not happen in every case. Some Courts impose very stringent conditions. Jail time would rarely be imposed for first offenses, but the chances of jail increase if a person is charged with another offense. The charges are more severe if a motor vehicle is involved. The driver can be assessed points and risks a suspended license for repeat offenses.
Q. HELP! My teenager just received a speeding ticket. Do I need a lawyer?
A. Probably not, but as usual, it depends. Some (not all) courts in the metro Detroit area will consider reducing a moving violation to a "no point" ticket. Factors include the age of the driver, the driving record, the type of ticket, and whether an accident was involved. Young drivers may be asked to attend a one day traffic school as a condition of the reduction. Some Courts will only allow reductions for certain specific types of ticket, and Courts outside southeastern Michigan rarely agree to a reduction. It is best to call a lawyer knowledgeable in local traffic matters to determine whether professional representation is necessary.
Chip Berschback is an attorney in private practice representing individuals and businesses. His practice includes both civil and criminal matters and he acts as Assistant City Attorney and Prosecutor for Grosse Pointe Woods. Contact Chip at (586) 777-0400. He will be speaking along with medical and social work professionals at a special presentation entitled "Coming of Age: Legal and Health Aspects of Turning 18" presented by The Family Center occurring Wednesday, March 18, 2009 from 6:30 - 8:30pm at the Grosse Pointe Woods Community Center. No Fee. RSVP at The Family Center 313.432.3832.
