A bill was passed in the Michigan House of Representatives on Tuesday that would change a first minor-in-possession, MIP, charge from a misdemeanor to a civil infraction.
Michigan Sen. Rick Jones (R-Grand Ledge), who was in law enforcement for 31 years and has seen a vast amount of teens abusing alcohol, submitted the bill after he discovered there was a wide disparity in the way teenagers are punished for MIP cases.
“In some jurisdictions, you’re put into a program (and) you end up with nothing on your record, in other jurisdictions, you end up going to jail in some cases for seven days (and) you have a permanent criminal record,” Jones said. “I think this wide disparity is certainly not justice, and after talking with many, many parents, I decided to put in a bill that would make your first offense — and your first offense only — a civil infraction, which is similar to a traffic ticket.”
Jones said the bill had widespread bipartisan support as only one person in the House and one person in the Senate voted against the bill that is now awaiting Gov. Rick Snyder’s signature.
Once enacted, a person’s first MIP offense will now result in a $100 fine along with any court costs, which is less sever than the current $100 fine and up to 90 days in jail.
Jones stressed the fact that an officer can still place a first MIP offender under arrest if certain criteria is met.
“I want to emphasize that if you are intoxicated — you haven’t had half a beer or something — you’re intoxicated, the police can still throw you in jail and hold you until sober and they’ll send a report to the judge and if you’re extremely intoxicated, the judge may order you into a rehab program,” Jones said. “So, those two options are still available.”
The bill has been met with an abundance of support, including the Michigan District Judges Association, Jones said.
Jones also noted his disapproval of officers conducting breathalyzer tests on students walking out of a cab to get to their dorm rooms.
He said it was not appropriate and was just another reason he pushed this legislation through.
Jones said other offenses after the first violation will not be changed by the new bill.
A second MIP offense will still result in a misdemeanor charge that is punishable by up to 30 days in jail while also being charged a $200 fine and a third offense will still include a punishment of up to 60 days in jail and a $500 fine alongside a revocation of the person’s driver’s license, even if they weren’t driving.
