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Sunday, September 11, 2016
By Michael Nichols
Categories: Minor in Possession
The house judiciary meets Tuesday morning in Lansing to consider Senate Bills 332 and 333. The bills are intended to de-criminalize the 1st Minor in Possession offense under Michigan Criminal Law. Currently, a minor, who is in possession of alcohol by either actual possession or by having consumed alcohol with a measurable bodily alcohol level, is guilty of a misdemeanor in Michigan. The 2 bills up for a vote in the Judiciary Committee amend MCL 436.1703, which is the Liquor Control Commission Act.
"There are a few concerns that I have with the bills," says Mike Nichols, a Lansing criminal defense attorney. Nichols' practice involves mostly the defense of individuals charged with crimes arising from the use of drugs or alcohol. Nichols says "first of all, the statute says that the judge can order a person who pleads responsible to a civil infraction to undergo substance abuse counseling or education and screening. Nichols says "a Judge cannot order someone to serve probation when they are responsible for a civil infraction - it is similar to a speeding ticket. So, unless the courts are going to start hosting contempt trials using the proper procedures we are going to see judges imposing meaningless orders." The first offense would be a state civil infraction if the person is found responsible.
Nichols points out a couple of positive aspects of the companion bill to the MIP de-criminalization statute. Senate Bill 333 will only allow the suspension of driving privileges if the person has been convicted 2 times previously for minor in possession AND admitted responsibility for a civil infraction. Nichols says "this legislation, if I read it correctly, gives a person 3 bites at the apple before their driving privileges are taken away." The bill would require the Secretary of State to suspend a driver license for 1 year for a 3rd offense and allow a judge to impose restricted driving privileges after 60 days.
The other major change is to correct language in the current minor in possession statute that allows an officer to "require' a minor suspected of violating the statute to take a preliminary or portable breath test (PBT) if the person is suspected of being a minor in possession. Nichols says "this is significant because far too many times police officers have arrested young people who look under 21 strictly because the person exercised his or her right to decline the PBT.
For the lawyers who are on the cutting edge and who are committed to results, call Mike Nichols and the lawyers at the Nichols Law Firm at 517.432.9000.