A 2 bolsters MIP penalties

By Caitlin Nish

Daily Staff Reporter

An Ann Arbor City Attorney's office internal policy adjustment may make the ramifications of receiving a minor in possession of alcohol charge much greater for second-time offenders.

The policy clarification, which was put into effect Monday, abolishes the opportunity for the city attorney to offer second-time offenders any type of plea bargain. Second-time offenders will have the option of either pleading guilty and sustaining a criminal conviction on their permanent criminal records, or entering a plea of not-guilty and going to trial.

"Usually first-time offenders enter a guilty plea and the court holds that plea under advisement. If you go to a class and pay your money it's dismissed under administrative review," said Doug Lewis, director of student legal services.

Under the first-time offender program, no record of the charge remains on a student's permanent record.

This charge not only concerns minors who are found with open containers of alcohol, but because the body is considered a container by law, minors who appear to be drunk or who smell like alcohol.

But, a second-time offense costs Michigan residents their drivers' licenses for 30 days and remains on their records as a criminal conviction.

Although the court can not seize the licenses of any students not registered in Michigan, it can prevent those students from driving in this state.

In the past, the Ann Arbor City Attorney's office often allowed second-time offenders to plead guilty and undergo a more intensive first-time offender program. But, this is no longer an option.

"In an effort to be more consistent in light that the Secretary of State has a built in first-offender break, starting this week we weren't going to offer this option any longer because we are getting people who have been treated as first-offenders more than one time," said Bob West, assistant city attorney.

West also said that the option of being treated as a first-time offender was at the discretion of the city attorney trying the case.

"We've decided that is too loose an approach to this. In the past there hasn't been a real clear policy," West said. "We want to be more consistent with the county and internally."

While the city attorney had been offering students the first-time offender option, the law states that second-time offenders will not have any options to plea.

"It's been a matter of fact that the policy is they are not offered the first-offender program," said Regina Kinnison, traffic criminal division lead clerk. "If the city attorney or prosecutor decides to offer an agreement, they can do so. But it is not something the court offers."

Because a minor in possession charge is a misdemeanor, it is a criminal charge.

"Students must realize that there is a greater risk now that the second offense will go on their criminal record as a conviction," Lewis said.

He also added that this means if students who are second-time offenders apply to graduate schools or for jobs, they must declare that they have been convicted of a crime if asked to do so.

MIP regulations

o First-time offenders with minor in possession of alcoholic liquor charges have the option of taking a $100 educational course and paying $50 in court fees to extinguish all traces of the charge from their permanent criminal record.

o All that remains of the charge is a court record.