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New bill might reduce minor in possession charge to civil infraction

March 20, 2016

Under the current law, students face up to a $100 fine for their first offense, a misdemeanor on their record and possibly even jail time with any offenses following.

This lessened consequence involves a non-criminal offense and results in a minor fine.

State Sen. Rick Jones (R-Grand Ledge) is spearheading the bill in the Michigan Legislature and said he is “very dissatisfied” with the current system.

When an underage student is caught with an alcoholic beverage, Jones said judges might sentence first-time offenders to up to seven days in jail, while others might be left with a misdemeanor.

“This wide disparity in judgment is unfair,” Jones said.

Jones said he does not condone underage drinking and, as a former law enforcer, said he supports a police officer’s discretion to detain an intoxicated student if their safety is at risk.

“My bill is about smarter justice,” Jones told MLive. “It balances the need to deter young people from drinking with the understanding that students who make mistakes shouldn’t end up with criminal records that follow them for the rest of their lives.”

Jones also said he has the support of many Michigan judges for this proposed legislation.

Further, under the law, the civil infraction for refusing to submit to a breath analysis would be deleted. The officer may request, not require, the administration of a breath test to an accused student.

Police officers in the city of East Lansing do not share in the optimism for the law.

“It is a bad idea,” East Lansing police Lt. Scott Wriggelsworth said.

He said it inhibits the officer’s ability to do his or her job in keeping students safe in the East Lansing area.

From the perspective of the officers, Wriggelsworth said, those who are belligerently drunk and endangering the safety of others are the ones being issued misdemeanors.

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