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Minimizing MIPs

Area lawyers offer criteria students can attempt to meet in order to diminish punishments they may face after receiving a minor-in-possession charge

February 10, 2008

When Sam Weiman received a minor-in-possession charge in April 2006, he knew what kind of stain it could leave on his record.

Under advisement from a judge, Weiman took advantage of free legal services provided by ASMSU, one of a few options to potentially clear the MIP from his record.

And after meeting with ASMSU lawyers a few times and signing some papers, the chemical engineering junior said his record was clean and he was able to study for his finals free of stress.

“I knew nothing about the process and they explained everything I had to do,” Weiman said.

Weiman said the lawyer worked to give him the alternative of participating in a three-month probation program where he would have to take random preliminary breath tests, or PBTs, at a police station and pay a $400 fine as opposed to having the MIP on his record.

Different punishments for MIPs vary by each court.

Elementary education senior Alaina Petrucci said students from the MSU College of Law helped reduce her sentence for an MIP she received in 2005.

Petrucci said she discussed the circumstances surrounding the night police issued her the MIP with the law students, and they were able to use the information in court to reduce her sentence.

She had to provide a parole officer with a written update on what she was doing once a month.

She added that without help from the College of Law, she would have had to take random PBTs or perform community service.

“It was probably the easiest punishment because I’ve heard of way worse ones,” Petrucci said.

Like Weiman, other students with MIPs have taken advantage of ASMSU and other lawyers and ultimately faced lighter sentences.

ASMSU attorney Brian Jeffries said student government lawyers sit down with students and discuss the conditions of how and why the student received the MIP and determine what will stand in court.

First-time offenders are eligible to have their case dismissed and sentenced to a fine and some type of probation program which varies between the courts.

Jeffries said one of the first things he considers when approaching a case is whether the police officer had reasonable suspicion to come in contact with the student.

There also are cases where they can argue that the student’s blood-alcohol level was extremely low or the student was close to turning 21 years old when they received the MIP.

When students approach ASMSU lawyers with their third or fourth MIP offenses, Jeffries said the charges become more severe, but lawyers can still fight to reduce some of the fines.

ASMSU lawyers assist students with accessing alcohol counseling services so that they can present these students in court as people who recognize their problems and are seeking help.

“If you can present to the judge that you are resolving it then it puts the client in a much better light,” Jeffries said.

But ASMSU isn’t the only legal service available for students to use if they want to fight their MIP in court.

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Nicholas Leydorf, a private practice lawyer in Lansing, said he works to get students the lowest fines as possible in their MIP sentence.

Similar to ASMSU lawyers, Leydorf said he attempts to present his clients in a positive light by telling the judge the student understands the consequences of his or her actions and it won’t happen again.

Leydorf said he also can persuade the judge to lower the fines if his client is a student with good grades and takes part in community service.

“We can help you navigate the case,” Leydorf said. “It’s a better picture for the judge.”

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