MIP in MICHIGAN but lives in Ohio.

[kttrumbo]

What is the name of your state (only U.S. law)? Ohio

 

[HighwayMan]

And??

What's your point? Try editing your post or replying to the thread.

By the way, a MIP has nothing to do with drunk driving.

 

[kttrumbo]

Mip

Thanks. My 18 yr old daughter got an Mip in Michigan and goes to college there. She lives in Ohio and moving home soon for the summer. The ticket says court date may 24th and charged with mip and open container even tho it had a lid on it?! Does she have to appear or can we call and get the fine amounts and pay? And she was not intoxicated but the jar was on the floor by her feet. She was the passenger and denied ownership of the jar. No breathalyzer for anyone even tho 2 passengers in back were drunk. The driver and my daughter were not but my daughter was charged! Wat to do?

 

[kttrumbo]

Mip

And if she gets community service how does that work if she lives in Ohio all summer?

 

[quincy]

Thanks. My 18 yr old daughter got an Mip in Michigan and goes to college there. She lives in Ohio and moving home soon for the summer. The ticket says court date may 24th and charged with mip and open container even tho it had a lid on it?! Does she have to appear or can we call and get the fine amounts and pay? And she was not intoxicated but the jar was on the floor by her feet. She was the passenger and denied ownership of the jar. No breathalyzer for anyone even tho 2 passengers in back were drunk. The driver and my daughter were not but my daughter was charged! Wat to do?

Before she leaves Michigan for the summer, she should speak to an attorney in her college town. Her college may even offer legal assistance to students.

If she is offered diversion, she will have to commit to a certain number of community service hours and possibly submit to random drug tests and attend alcohol education classes. Courts differ in significant ways in how they handle offenders. Some courts may insist that all requirements are satisfied in Michigan whereas others may have online classes and permit service hours to be completed out of state. It depends. The attorney your daughter sees is her best source of information.

As a note: If she thinks it easier to just plead guilty and pay fines, she should know that the conviction will be part of her criminal history that gets reported to employers, insurers, schools, financial aid offices ... nothing good comes from a conviction.

I not only recommend your daughter have an attorney, I recommend she attend the hearing in May - even if it means traveling back from Ohio to do so. She might also want to plan return trips if she is offered diversion but finds she must satisfy the terms of the program in Michigan.

Good luck.

 

[HighwayMan]

...open container even tho it had a lid on it?!

I hope you're kidding.

 

[quincy]

I hope you're kidding.

A lot of people are confused by the wording of laws and how offenses are charged. The word "possession" in "minor in possession" is another that causes confusion.

For the benefit of kttrumbo, an open container means it is not sealed shut. Even a liquor bottle with the cap screwed on is an open container under the law if the seal on the bottle has been broken.

Possession does not only apply to someone holding a cup or can or bottle but being in an area where the cup or can or bottle can be accessed easily.

Many who come to this forum are experiencing legal problems for the first time so understandably do not know what things mean or how things work.

 

[Zigner]

A lot of people are confused by the wording of laws and how offenses are charged. The word "possession" in "minor in possession" is another that causes confusion.

For the benefit of kttrumbo, an open container means it is not sealed shut. Even a liquor bottle with the cap screwed on is an open container under the law if the seal on the bottle has been broken.

Possession does not only apply to someone holding a cup or can or bottle but being in an area where the cup or can or bottle can be accessed easily.

Many who come to this forum are experiencing legal problems for the first time so understandably do not know what things mean or how things work.

I kind of agree with Highway man on his disbelief...it is very basic common sense that once the liquor bottle is open, it's an "open container". Just about every kid who's around alcohol knows that. Additionally, anyone with a driver's license learns that.

 

[quincy]

I kind of agree with Highway man on his disbelief...it is very basic common sense that once the liquor bottle is open, it's an "open container". Just about every kid who's around alcohol knows that. Additionally, anyone with a driver's license learns that.

Maybe. My mom* is sort of dumb about things like that, though.



(*sorry, mom)

 

[Zigner]

For the record, I rarely use the phrase "common sense" because everybody has different life experiences. In this case, though, it really does seem like a straight-forward common sense situation.

 

[quincy]

For the record, I rarely use the phrase "common sense" because everybody has different life experiences. In this case, though, it really does seem like a straight-forward common sense situation.

I try to avoid using the term "common sense" because laws do not always make sense. But I can understand how you and HighwayMan are looking at this.

 

[xylene]

I try to avoid using the term "common sense" because laws do not always make sense.

^^like^^

Appeals to common sense often tell me someone is on the wrong track or at least wanting to think about a complex situation in a reductivist way.

 

[kttrumbo]

mip in michigan

First of all I didn't come on this thread to be made fun of and called dumb. You people all have legal experience and that's what you're on here for ,right? My comment about open container with the lid on was precisely what I meant. A sealed lid. And it did not belong to my daughter and nor was she drunk or drinking. She was in a car with 3 other people 2 of whom were drinking and had beer cans etc. in their bags. She gets charged because the cop kept calling her a liar because the other 2 drunk kids fessed up and she wouldn't say anything other than the sealed jar wasn't hers. The officer then made her get out of the car to look at her Ohio license and made the comment are you sure this isn't fake because all the fake licenses come from Ohio!! These codes are what are on her ticket...132.03A and 257.624A. My next problem is we cannot afford a lawyer so what happens when just her and I go to court? And if she pleads guilty and takes a misdemeanor on her record is it true it is expunged at the age of 21? Thank you and sorry if the majority of you think I have no common sense but I do. We just need some ADVICE.

 

[HighwayMan]

My comment about open container with the lid on was precisely what I meant. A sealed lid.

You said it was a jar. What alcoholic beverage comes in a jar?

It sounded to me as if the liquid was placed in the jar to camouflage it, and if that was the case it certainly was not sealed.

 

[quincy]

First of all I didn't come on this thread to be made fun of and called dumb. You people all have legal experience and that's what you're on here for ,right? My comment about open container with the lid on was precisely what I meant. A sealed lid. And it did not belong to my daughter and nor was she drunk or drinking. She was in a car with 3 other people 2 of whom were drinking and had beer cans etc. in their bags. She gets charged because the cop kept calling her a liar because the other 2 drunk kids fessed up and she wouldn't say anything other than the sealed jar wasn't hers. The officer then made her get out of the car to look at her Ohio license and made the comment are you sure this isn't fake because all the fake licenses come from Ohio!! These codes are what are on her ticket...132.03A and 257.624A. My next problem is we cannot afford a lawyer so what happens when just her and I go to court? And if she pleads guilty and takes a misdemeanor on her record is it true it is expunged at the age of 21? Thank you and sorry if the majority of you think I have no common sense but I do. We just need some ADVICE.

First, I called my mother dumb, not you - and my comment was limited to dumb when it comes to understanding legal terms. I already apologized to my mom and, if you took offense to my comment, I apologize to you, too.

If there was alcohol any place in the vehicle other than the trunk of the car, those in the car who were minors were rightly charged with MIPS.

Your daughter should be able to get legal assistance through the college's legal services department.

As a note on Michigan's alcohol possession laws: Starting on January 1, 2018, under Public Acts 357 and 358, a first offense minor in possession of alcohol will no longer be a State misdemeanor. It will be a civil infraction equal to a traffic ticket.