Legal Question in Criminal Law in Michigan

Underage drinking question

Hi, I am currently a college student, and about a month ago I plead guilty to minor in pocession of alcohol. Its been about a month and I was fined a $1000.00 dollar fine. My question is, if I can still go back into court and plead innocent? Because I know i have enough proof to prove my innocents. If you could get back with me as soon as possible that would be great.. Thanks for your time.


Asked on 3/31/04, 8:14 pm

2 Answers from Attorneys
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Underage drinking question

You couldn't have been fined $1000. The statutory max is $100 plus costs. We can try to set the plea aside. If you were unrepresented, we will have a decent shot at it. Additionally, the MIP statute in Michigan is under strict scrutiny based on a great decision setforth a few months ago. Please contact my office to discuss the matter further. Eric I. Kutinsky, Esq. (866) MICHDUI

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Answered on 4/04/04, 5:09 pm
Nancy Moore Nancy L. Moore, Esq.

Re: Underage drinking question

First of all, were you really fined $1000 or was that a typo? A first offense MIP is punishable by a fine of up to $100. To retract a plea of guilty you must file a motion to withdraw your guilty plea. The burden is tough since the judge already informed you of your rights and you knowingly and voluntarily waived them. If you did not have an attorney you may stand a better chance of winning your motion. You really should contact a lawyer to do this. Coincidentally, the MIP statute has been declared unconstitutional in the Michigan Federal Court. This issue is now before many state district court judges, but no ruling yet. Good luck. Nancy L. Moore

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Answered on 4/02/04, 4:25 pm


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