Legal Question in Criminal Law in Michigan

I got an M.I.P. from a DNR officer in June 2009 while quietly sitting around a campfire with my brother and sister. I am 20 years old, both my brother and sister are at least 22, we were not driving or being crazy about anything. I blew a .06 PBT after three beers (which I believe was due to some residual), but I've never had any run-ins with the law, not even a speeding ticket. I am a college junior and currently have a 3.72 GPA after 5 semesters. The DNR officer told me that this would just blow over pretty easily, and I would just have to pay a fine and take a couple of classes and it would be off my record. Well, it turns out that I had to go to the courthouse (which is an hour away from me) 4 times for an arraignment, a pre-trial, an interview, and then finally, my sentencing. Meanwhile paying fines every visit. The fines have cost easily $600, and although I am part of the "M.I.P. deferment program" which takes if off of my record, I had to take breathalyzers 2 times a week for 2 months before my sentencing, and once a week for 10 weeks after my sentencing (all costing me $10 for each PBT) - meanwhile having to take a $50 M.A.D.D. class, 30 hours of community service, weekly contact with my probation officer, and an entire year of probation that ends in September 2010, (which is 6 months after my 21st birthday). I have recently finished all of the terms of my probation, but all that's left is waiting until the last day of my probation until I can have my first legal sip of alcohol. What I'm wondering is... is there even the slightest chance that now that I've finished all the community service, paid alllllll of the fines, etc, that my probation officer would have the capability to let me off probation at any time before September? I'm not talking about tomorrow or even next month, but I just really don't want to wait another 10 months to have my first legal sip of alcohol after an offense that I don't feel was very serious. I understand that drinking underage is illegal, but I was being extremely responsible, and have obviously shown that I can pull my own weight academically in a University. I've definitely learned my lesson. Does anyone have any thoughts or advice?

Asked on 1/06/10, 10:44 pm

3 Answers from Attorneys

Daniel Hajji Daniel Hajji & Associates

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There is something you can try to do with the Court. And just so that you know, just because you're now 21 and you want a 'sip of alcohol' now than later is not going to fly with the Judge. Feel free to give us a call, ask for Daniel Hajji 248.865.4700

Answered on 1/12/10, 2:11 am

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Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

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Seriously? You're Jonesin' soooooo much for "a sip of alcohol" that you want to be off probation to do it? You are a binge-drinker-in-waiting.

Being off probation won't allow you to legally drink alcohol at 20-1/2 yrs. Being 21 will allow you to do it. You should know that, because you're a responsibile, intelligent University student who's learned his lesson (which is apparently "you can't drink alcohol on probation").

Why not take a vacation to some country where the legal drinking age is under 21, and get this obsession out of your system until September?

Answered on 1/12/10, 5:31 am

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