Minor in Possession

Most of the time, after an individual has been arrested for a MIP in the city of East Lansing, they are not sure whether retaining an attorney is worth the cost. Many students decide to just show up to the pretrial and roll the dice not knowing that there may be a legally recognized defense to your MIP charge available to you.

In June 2012, the state of Michigan legislature modified the Michigan Liquor Control Commission to create an exemption under Michigan’s MIP statute, MCL section 436.1703(10).

This exemption provides that if the student or the student’s friend voluntarily presents themselves or their friend to a healthcare provider or agency for the treatment of one of the following associated with alcohol:

1) sickness;
2) non-responsiveness;
3) victim of a sexual assault; or
4) injuries, then he or she would have a complete defense to a MIP charge.

This exemption is termed, “Michigan Medical Amnesty.” The key to qualifying for this defense, is that the student or their friend must have called 911 for the injury other medical issue. If there is no record of a 911 call, then there could be a challenge when presenting this defense. The reason this law was enacted was because our government wanted to encourage minors who were consuming liquor to not forego treatment for medical emergencies associated with the alcohol consumption, and possibly risk death. However, most students are not aware of this law.

Wood and Associates PLLC has experienced attorneys to answer all your questions surrounding any alcohol related offenses in East Lansing or Lansing. We focus on MIP and DUI cases. Know if this law applies you by contacting us today to assist you with your charges.