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LAW I: CRIMES UNIT. CRIMINAL LAW & PROCEDURE. FELONIES. FELONY: A major crime for which the penalty may be imprisonment for a year or longer and possibly even death. A person convicted of a felony may be barred from certain types of work, such as the practice of law or police work.

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law i crimes unit

LAW I: CRIMES UNIT

CRIMINAL LAW & PROCEDURE

CRIMINAL LAW & PROCEDURE

felonies
FELONIES
  • FELONY: A major crime for which the penalty may be imprisonment for a year or longer and possibly even death.
  • A person convicted of a felony may be barred from certain types of work, such as the practice of law or police work.
  • Also, some states will not permit anyone convicted of a felony to hold public office.

CRIMINAL LAW & PROCEDURE

felonies1
FELONIES
  • Examples of felonies include murder, manslaughter, burglary, robbery, arson, etc.

CRIMINAL LAW & PROCEDURE

misdemeanors
MISDEMEANORS
  • MISDEMEANOR: Any crime for which the maximum penalty is a year in jail or less.
  • Examples of misdemeanors include driving without a license, prostitution, resisting arrest, public intoxication, petty theft, etc.

CRIMINAL LAW & PROCEDURE

petty offenses
PETTY OFFENSES
  • Some states also classify lesser crimes as petty offenses, also known as infractions, into a sub-group of misdemeanors.
  • PETTY OFFENSE: A minor misdemeanor that never warrants any time in jail.
  • Examples of petty offenses include traffic offenses, parking violations, littering, etc.

CRIMINAL LAW & PROCEDURE

wobblers
WOBBLERS
  • Many criminal offenses, however, fall into the category known as “wobblers.”
  • WOBBLER: A crime that is not statutorily defined as either a felony or misdemeanor.
  • Whether a wobbler will be considered a felony or misdemeanor in a particular case depends upon the prosecutor’s charging decision and the actual punishment imposed by the trial court.

CRIMINAL LAW & PROCEDURE

wobblers1
WOBBLERS
  • Examples of wobblers include assault, battery, vandalism, larceny, etc.

CRIMINAL LAW & PROCEDURE

elements of a crime
ELEMENTS OF A CRIME
  • By default, there can be no crime without law.
  • If an act is to be prohibited, a legally authoritative body (such as Congress or a state legislature) must spell out in advance what behavior is banned.
  • The U.S. Constitution requires that criminal laws be written in precise terms so that a citizen can determine what conduct is illegal.

CRIMINAL LAW & PROCEDURE

elements of a crime1
ELEMENTS OF A CRIME
  • With a few exceptions, a person can be convicted of a crime only if they do something that violates a criminal law and do it intentionally.
  • These two requirements are called criminal act (physical element) and criminal intent (mental element).

CRIMINAL LAW & PROCEDURE

elements of a crime2
ELEMENTS OF A CRIME
  • CRIMINAL ACT: The forbidden act outlined in criminal statutes which describe what must take place for a crime to occur.
  • CRIMINAL INTENT:The guilty state of mind required to commit a criminal act.

CRIMINAL LAW & PROCEDURE

elements of a crime3
ELEMENTS OF A CRIME
  • For an act to be a crime, both the criminal act and criminal intent must occur at the same time—in other words, the criminal intent must precede or coexist with the criminal act.

CRIMINAL LAW & PROCEDURE

motive
MOTIVE
  • MOTIVE: The reason for committing a crime.
  • Motive technically plays no part in proving criminal liability.
  • Uncovering a motive may establish a list of suspects.
  • However, the lack of a motive does not remove criminal liability.

CRIMINAL LAW & PROCEDURE

motive1
MOTIVE
  • If a person has committed a forbidden act with the required state of mind, they are criminally liable regardless if the motive has been uncovered.

CRIMINAL LAW & PROCEDURE

preliminary crimes
PRELIMINARY CRIMES
  • The crimes of solicitation, conspiracy, and attempt are known as preliminary crimes, since they occur before the intended crime.
  • Preliminary crimes are punishable because they go far beyond merely thinking about committing an illegal act.

CRIMINAL LAW & PROCEDURE

solicitation
SOLICITATION
  • SOLICITATION: When someone asks another to commit a crime for them, when someone asks another for assistance in committing a crime, and/or when someone advises another on how to commit a crime.
  • The offense is committed at the time the solicitation is made.

CRIMINAL LAW & PROCEDURE

solicitation1
SOLICITATION
  • It does not require that the solicited person actually commits the crime.

CRIMINAL LAW & PROCEDURE

conspiracy
CONSPIRACY
  • CONSPIRACY: An agreement between two or more people to commit a crime.
  • But in order for conspiracy to be committed, more is required than a mere agreement.
  • One of the conspirators must do an overt act that furthers the conspiracy.

CRIMINAL LAW & PROCEDURE

conspiracy1
CONSPIRACY
  • Conspiracy is a crime separate from the crime the parties planned to commit.
  • The intended crime does not actually have to be achieved.
  • The designation of conspiracy as a crime allows police to arrest conspirators before they come dangerously close to completing the crime.

CRIMINAL LAW & PROCEDURE

attempt
ATTEMPT
  • ATTEMPT: When someone intends on committing a crime and comes dangerously close to completing it.
  • This occurs when the criminal enters the “zone of perpetration”—the vicinity where the criminal is close enough to the victim that the crime could actually committed.

CRIMINAL LAW & PROCEDURE

homicide
HOMICIDE
  • HOMICIDE: The killing of one person by another.
  • Homicide is divided into categories based on the circumstances of the killing and intent.
  • The punishment for an act of homicide depends on the category it falls into.
  • Justifiable homicide, excusable homicide, negligent homicide, murder, and manslaughter are all forms of homicide.

CRIMINAL LAW & PROCEDURE

homicide1
HOMICIDE
  • JUSTIFIABLE HOMICIDE: When a police officer kills a criminal in the line of duty or in self-defense.
  • EXCUSABLE HOMICIDE:When someone is killed by accident and no one is at fault.
  • Justifiable and excusable homicides are not subject to criminal charges, whereas murder and manslaughter are criminal offenses.

CRIMINAL LAW & PROCEDURE

murder
MURDER
  • MURDER: The unlawful killing of another human being with malice.
  • MALICE: The intent, without just cause or reason, to commit a wrongful act that will result in harm to another.
  • Most states break murder down into two degrees: 1st and 2nd.

CRIMINAL LAW & PROCEDURE

murder1
MURDER
  • Malice is a common denominator in both 1st and 2nd degree murder, but premeditation only occurs in 1st; that is the main difference between the two.
  • PREMEDITATION: The contemplation of a crime in advance which shows deliberate intent; also referred to as deliberation and malice aforethought.

CRIMINAL LAW & PROCEDURE

murder2
MURDER
  • The time needed for deliberate premeditation may vary from weeks, days, hours, minutes, or even seconds but there must be convincing evidence that a plan to murder was formed.
  • In most states, 1st degree murder usually carries the death penalty, 2nd degree murder does not.

CRIMINAL LAW & PROCEDURE

1 st degree murder
1st DEGREE MURDER
  • 1st DEGREE MURDER: The premeditated, willful, and deliberate killing of another.
  • 1st degree murder is also referred to as murder one or capital murder.

CRIMINAL LAW & PROCEDURE

2 nd degree murder
2nd DEGREE MURDER
  • 2nd DEGREE MURDER:A murder in which the suspect intended to kill or even seriously harm the victim, but the killing was not premeditated—a spontaneous or “spur-of-the-moment” killing.
  • The intent to kill did not exist until the moment of the murder.

CRIMINAL LAW & PROCEDURE

felony murder
FELONY MURDER
  • FELONY MURDER: Any death that results during the commission of a felony.
  • Even if the killing was accidental, it is not necessary to prove intent.
  • Malice is presumed because the homicide occurred during the felony.

CRIMINAL LAW & PROCEDURE

felony murder1
FELONY MURDER
  • Many jurisdictions make distinctions as to whether felony murder will be 1st degree or 2nd degree depending on the type of felony that was committed.
  • The crimes of arson, burglary, robbery, and rape generally make felony murder a 1st degree offense.

CRIMINAL LAW & PROCEDURE

manslaughter
MANSLAUGHTER
  • MANSLAUGHTER: The unlawful killing of another human being without premeditation.
  • VOLUNTARY MANSLAUGHTER: A killing, which otherwise would be murder, that occurs after the accused was provoked to a temporary mental state lacking self-control or reason.
  • Courts refer to this temporary state of mind as the “heat of passion.”

CRIMINAL LAW & PROCEDURE

manslaughter1
MANSLAUGHTER
  • Voluntary manslaughter is punished somewhat less severely than murder as a concession to the imperfection of human character.
  • This is because the law recognizes that people sometimes do things they normally wouldn’t do when they are very angry or upset and haven’t had time to cool off.

CRIMINAL LAW & PROCEDURE

manslaughter2
MANSLAUGHTER
  • Therefore, the only real difference between 2nd degree murder and voluntary manslaughter is circumstance and sentencing.

CRIMINAL LAW & PROCEDURE

manslaughter3
MANSLAUGHTER
  • INVOLUNTARY MANSLAUGHTER: An unintentional killing caused by an unlawful, reckless, and/or negligent act.
  • The death results from the suspect’s criminal negligence, rather than any intent to kill the victim.

CRIMINAL LAW & PROCEDURE

manslaughter4
MANSLAUGHTER
  • NEGLIGENT HOMICIDE: A lesser-included offense of manslaughter committed while carelessly or recklessly operating a vehicle.
  • In Michigan, negligent homicide is a high misdemeanor punishable by up to two years in prison and/or a fine up to $2,000.

CRIMINAL LAW & PROCEDURE

battery
BATTERY
  • BATTERY: Any unlawful physical contact inflicted by one person upon another without consent.
  • Battery requires criminal intent or at least reckless behavior.
  • Actual injury is not necessary for a battery to occur.

CRIMINAL LAW & PROCEDURE

battery1
BATTERY
  • Other examples of battery include giving poison or drugs to an unsuspecting victim, spitting in someone’s face, and siccing a dog on someone.

CRIMINAL LAW & PROCEDURE

assault
ASSAULT
  • ASSAULT: Any attempt or threat to carry out a physical attack upon another person.
  • Simple assault and battery are misdemeanor offenses, whereas
  • Aggravated assault and battery are felony offenses.

CRIMINAL LAW & PROCEDURE

assault1
ASSAULT
  • To qualify as an aggravated offense, the assault or battery would have to be:
  • Committed with a deadly weapon, or
  • With the intent to commit murder, rape, or robbery.
  • Today, there is often not much difference between the uses of the words assault and battery.

CRIMINAL LAW & PROCEDURE

stalking
STALKING
  • STALKING: Occurs when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury.

CRIMINAL LAW & PROCEDURE

kidnapping
KIDNAPPING
  • KIDNAPPING: The unlawful removal of a person against their will.
  • Kidnapping usually includes unlawful imprisonment for motives of ransom, terrorism, torture, rape, or to commit a felony.

CRIMINAL LAW & PROCEDURE

false imprisonment
FALSE IMPRISONMENT
  • FALSE IMPRISONMENT: The deliberate confinement of a person without their consent orwithout legal justification (for example, a lawful arrest).
  • The confinement can be physical or psychological.

CRIMINAL LAW & PROCEDURE

mayhem
MAYHEM
  • MAYHEM: The deliberate act of maiming (to cripple/mutilate) a person or causing permanent disfigurement.
  • Mayhem includes acts that cause someone to lose a limb, finger, eye, or any other part of the body.
  • Mayhem also includes acts that result in significant scarring.

CRIMINAL LAW & PROCEDURE

slide42
RAPE
  • RAPE: Sexual intercourse without consent.
  • There is no consent if the victim is unconscious or mentally incompetent.
  • The rapist does not necessarily have to use physical force;
  • Threats of harm are sufficient.

CRIMINAL LAW & PROCEDURE

statutory rape
STATUTORY RAPE
  • STATUTORY RAPE: Sexual Intercourse between an adult and a minor.
  • Statutory rape differs from rape in a very important way: consent is not an element of the crime.
  • According to the law, a minor is incapable of consenting to sexual intercourse.

CRIMINAL LAW & PROCEDURE

statutory rape1
STATUTORY RAPE
  • The definition of age varies from state to state.
  • The age of majority in Michigan is 16.
  • Adults can be prosecuted for statutory rape even if the minor lied about their age.
  • Conversely, minors can also be prosecuted for having sex with other minors.

CRIMINAL LAW & PROCEDURE

sex crimes
SEX CRIMES
  • The perpetrator and victim of both rape and statutory rape can be of either sex; therefore, women as well as men can be prosecuted.
  • Generally speaking, the younger the victim, the more serious the offense andmore severe the penalty.

CRIMINAL LAW & PROCEDURE

sex crimes1
SEX CRIMES
  • In Michigan, all rape laws fall within a category entitled Criminal Sexual Conduct (C.S.C.).

CRIMINAL LAW & PROCEDURE

sex crimes2
SEX CRIMES
  • PROSTITUTION: Engaging in sexual activities in exchange for money or property.
  • PANDERING: Recruiting prostitutes, soliciting on their behalf, or deriving support from their earnings.

CRIMINAL LAW & PROCEDURE

property crimes
PROPERTY CRIMES
  • When a crime involves property, the value of the property can determine whether the crime is misdemeanor or a felony—over $1,000 is generally a felony in Michigan.

CRIMINAL LAW & PROCEDURE

larceny
LARCENY
  • LARCENY: The unlawful taking and carrying away of personal property of another with the intent to deprive the owner of it.
  • Larceny offenses are classified as pettyor grand, depending on the value of the property taken.
  • Petty larceny is a misdemeanor whereas grand larceny is a felony.

CRIMINAL LAW & PROCEDURE

larceny1
LARCENY
  • The crime of larceny includes keeping lost property when a reasonable method exists for finding the owner.
  • It is also considered larceny to keep property delivered by mistake.
  • Retail fraud, burglary, embezzlement, robbery, and carjacking are all forms of larceny.

CRIMINAL LAW & PROCEDURE

retail fraud
RETAIL FRAUD
  • RETAIL FRAUD: The unlawful taking of items from a store without paying for them.
  • Retail fraud is commonly called shoplifting.

CRIMINAL LAW & PROCEDURE

burglary
BURGLARY
  • BURGLARY: Entering someone’s structure with the intent to commit a crime.
  • The details of the definition vary from state to state.
  • In some states, for example, simply entering someone’s property is enough.
  • In other states, the burglar must enter by force, for instance, by picking a lock or breaking a window.

CRIMINAL LAW & PROCEDURE

burglary1
BURGLARY
  • In some states, the property must be a home dwelling; in others, a car or an office would qualify as well.
  • In some states, “intent to commit a crime” is replaced by “intent to commit a felony.”
  • Michigan statutes classify burglary into three major categories: entry without breaking, breaking and entering, and home invasion.

CRIMINAL LAW & PROCEDURE

embezzlement
EMBEZZLEMENT
  • EMBEZZLEMENT: The unlawful taking of another’s property by someone to whom it was entrusted.
  • In other words, it’s when someone keeps property that they are legally allowed to use or handle, but it doesn’t belong to them.

CRIMINAL LAW & PROCEDURE

property crimes robbery
PROPERTY CRIMES:ROBBERY
  • ROBBERY: The unlawful taking of property from a person’s immediate possession by force or intimidation.
  • Though included here as a property crime, robbery, unlike other theft offenses, also involves actual or potential physical harm to the victim.

CRIMINAL LAW & PROCEDURE

property crimes robbery1
PROPERTY CRIMES:ROBBERY
  • The penalty for robbery is greater than any other form of larceny.

CRIMINAL LAW & PROCEDURE

property crimes carjacking
PROPERTY CRIMES:CARJACKING
  • CARJACKING: The unlawful attempt or completion of taking another’s motor vehicle against their will by force or intimidation.
  • All fifty states and the federal government have carjacking laws.
  • The federal government passed an armed carjacking law in 1992.

CRIMINAL LAW & PROCEDURE

property crimes carjacking1
PROPERTY CRIMES:CARJACKING
  • Death that results from a carjacking is a considered a capital crime under federal law.
  • Joyriding and motor vehicle theft are similar yet less severe automobile crimes.

CRIMINAL LAW & PROCEDURE

receiving stolen property
RECEIVING STOLEN PROPERTY
  • RECEIVING STOLEN PROPERTY: Taking possession of property which is known or suspected to be stolen.
  • The property may be intended to be:
  • Kept for personal use,
  • Sold to someone else, or
  • Temporarily stored for the person who stole it.

CRIMINAL LAW & PROCEDURE

receiving stolen property1
RECEIVING STOLEN PROPERTY
  • Knowledge that the property is stolen may be implied by circumstances; for example, buying goods out of the trunk of a vehicle for an unreasonably low price.
  • Furthermore, a dealer or collector must make a reasonable inquiry of the seller’s right to the goods; if the purchased goods have an altered or obliterated serial number, it is assumed they were known to be stolen.

CRIMINAL LAW & PROCEDURE

vandalism
VANDALISM
  • VANDALISM: The willful destruction of, or damage to, the property of another.
  • Vandalism is also referred to as malicious mischief.

CRIMINAL LAW & PROCEDURE

arson
ARSON
  • ARSON: The willful and malicious burning of a person’s property.
  • In most states, it is a crime to burn any building or structure, even if the person who burns the structure owns it.

CRIMINAL LAW & PROCEDURE

white collar crimes
WHITE-COLLAR CRIMES
  • Also referred to as Crimes Against Business Interests.
  • White-collar crimes usually involve some sort of fraud or deceit and are nonviolent.

CRIMINAL LAW & PROCEDURE

fraud
FRAUD
  • FRAUD: The taking of someone’s money or property by intentionally deceiving them.
  • The false statements that are made must be intended to mislead, or defraud, the victim.
  • The statements of the con artists must also induce the victim to rely on them.
  • Fraud is also referred to as larceny by false pretenses.

CRIMINAL LAW & PROCEDURE

forgery
FORGERY
  • FORGERY: The false making or altering of a document with the intent to defraud.
  • This usually means signing the name of another person to a check or some other document without permission.
  • It can also mean changing or erasing part of a previously signed document.
  • Most importantly, the forged item must have some legal effect.

CRIMINAL LAW & PROCEDURE

uttering and publishing
UTTERING AND PUBLISHING
  • UTTERING AND PUBLISHING: Presenting as genuine any falsely made, counterfeit, altered or forged record, deed, or other document knowing it is otherwise with the intent to injure or defraud.
  • In most states, this is a crime separate of forgery.

CRIMINAL LAW & PROCEDURE

bribery
BRIBERY
  • BRIBERY: The paying or giving anything of value to public officials in order to influence their official activity.
  • It is a crime at any level of government, whether federal, state, or local.

CRIMINAL LAW & PROCEDURE

extortion
EXTORTION
  • EXTORTION: The use of threats to obtain the property of another.
  • Extortion statutes generally cover threats to do future physical harm, destroy property, or injure someone’s character or reputation.
  • Extortion differs from robbery in that it involves a threat of future harm, while robbery entails a threat of immediate force.

CRIMINAL LAW & PROCEDURE

extortion1
EXTORTION
  • Extortion is commonly called blackmail.

CRIMINAL LAW & PROCEDURE

perjury
PERJURY
  • PERJURY: When one knowingly gives false testimony while under oath.

CRIMINAL LAW & PROCEDURE

substance abuse crimes
SUBSTANCE ABUSE CRIMES
  • Under Michigan law, it is illegal to drive while intoxicated or impaired by alcohol, illegal drugs, and certain prescribed medications.
  • Michigan’s drunk driving laws require a mandatory six month driver license suspension even for a first conviction; a driver may be eligible for a restricted license after serving 30 days of the suspension.

CRIMINAL LAW & PROCEDURE

substance abuse crimes1
SUBSTANCE ABUSE CRIMES
  • Three lifetime convictions of drunk driving result in a felony; convictions for drunk driving that cause death or a serious injury to another are also felonies.
  • The average cost of a drunk driving conviction is estimated to be $6,000 due to attorney fees, fines, and intervention program and license reinstatement expenses.

CRIMINAL LAW & PROCEDURE

preliminary breath test
PRELIMINARY BREATH TEST
  • When stopped by a law enforcement officer for suspicion of driving while intoxicated, they may ask drivers to take sobriety tests including a Preliminary Breath Test (PBT) at the roadside to determine whether they are under the influence of alcohol.

CRIMINAL LAW & PROCEDURE

preliminary breath test1
PRELIMINARY BREATH TEST
  • If a driver refuses to take the PBT, they will be charged with a civil infraction and fined up to $150 plus court costs.
  • Persons under age 21 who refuse to take the PBT will receive two points on their driver record.
  • Even if the driver takes the PBT, they may still be required to take the evidentiary chemical test (blood or urine test).

CRIMINAL LAW & PROCEDURE

implied consent law
IMPLIED CONSENT LAW
  • If arrested, drivers will be required to take a chemical test to determine their bodily alcohol content (BAC).
  • Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test.

CRIMINAL LAW & PROCEDURE

implied consent law1
IMPLIED CONSENT LAW
  • If drivers refuse a test, six points will be added to their driver record and their license will be automatically suspended for one year.
  • This is a separate consequence from any subsequent convictions resulting from the traffic stop.

CRIMINAL LAW & PROCEDURE

slide77
OWVI
  • OPERATING WHILE VISIBLY IMPAIRED (OWVI): The ability to operate a motor vehicle was visibly impaired because of alcohol or other drugs in the driver’s body.
  • There is no longer a BAC threshold used to prove OWVI under the new legislation.

CRIMINAL LAW & PROCEDURE

slide78
OWVI
  • PENALTIES: Misdemeanor with a fine up to $300, up to 93 days in jail, up to 360 hours of community service, driver license restriction for 90 days (180 days if impaired by controlled substance), possible vehicle immobilization, $500 Driver Responsibility Fee for two consecutive years, and four points on driver record.

CRIMINAL LAW & PROCEDURE

slide79
OWI
  • OPERATING WHILE INTOXICATED (OWI): The alcohol in the driver’s body substantially affected their ability so they could not operate a motor vehicle safely.
  • It can also mean that the driver’s BAC was at or above 0.08 as shown by a chemical test.

CRIMINAL LAW & PROCEDURE

slide80
OWI
  • PENALTIES: Misdemeanor with a fine between $100 and $500, up to 93 days in jail, up to 360 hours of community service, driver license suspension for 30 days (followed by restrictions for 150 days), possible vehicle immobilization, possible ignition interlock, $1,000 Driver Responsibility Fee for two consecutive years, and six points on driver record.

CRIMINAL LAW & PROCEDURE

slide81
OWPD
  • OPERATING WITH THE PRESENCE OF DRUGS (OWPD): Having even a small trace of a Schedule 1 Drug (such as marijuana, opiates, hallucinogens, GHB, ecstasy) or cocaine in the driver’s body even though the driver may not appear to be intoxicated or impaired.

CRIMINAL LAW & PROCEDURE

slide82
OWPD
  • Under this law, prosecutors do not have to prove the driver was impaired, just that they were driving with those drugs in their system; this can be determined by a chemical test.
  • Michigan law requires driver license suspensions for drug convictions, even if the defendant was not driving at the time of the offense.

CRIMINAL LAW & PROCEDURE

slide83
OWPD
  • The OWPD law is controversial because drug impairment is usually gone in hours while it is possible to find traces of controlled substances in a person’s body up to 90 days.

CRIMINAL LAW & PROCEDURE

slide84
OWPD
  • PENALTIES: Misdemeanor with a fine up to $500, up to 93 days in jail, up to 360 hours of community service, driver license suspension for up to six months (no restricted license eligibility for the first 30 days), possible vehicle immobilization, possible ignition interlock, $500 Driver Responsibility Fee for two consecutive years, and six points on driver record.

CRIMINAL LAW & PROCEDURE

underage offenses
UNDERAGE OFFENSES
  • Any involvement with alcohol or drugs by teens can result in the loss of their license.
  • Simply possessing an alcoholic beverage, whether in a motor vehicle or not, can result in a license suspension for a teen.

CRIMINAL LAW & PROCEDURE

underage offenses1
UNDERAGE OFFENSES
  • Another mandatory suspension occurs any time someone is convicted of a drug violation, even if they were not driving at the time.
  • A first time drug conviction results in a driver license suspension for six months, with no opportunity for a restricted license for 30 days.

CRIMINAL LAW & PROCEDURE

michigan zero tolerance
MICHIGAN ZERO TOLERANCE
  • MICHIGAN ZERO TOLERANCE:A driver under the age of 21 who has a BAC between 0.02 and 0.07.

CRIMINAL LAW & PROCEDURE

michigan zero tolerance1
MICHIGAN ZERO TOLERANCE
  • PENALTIES: (First Offense) Misdemeanor with a fine up to $250, up to 360 hours of community service, driver license is restricted for 30 days, $500 Driver Responsibility Fee for 2 consecutive years, and four points on driver record.

CRIMINAL LAW & PROCEDURE

slide89
MIP
  • MINOR IN POSSESSION (MIP): When a minor purchases, possesses, or consumes alcoholic beverages, or has any bodily alcoholic content in their system.
  • Minors may transport alcohol in a vehicle only when accompanied by an adult age 21 or older.

CRIMINAL LAW & PROCEDURE

slide90
MIP
  • PENALTIES:(First offense) $100 fine and no action is taken against driver license. (Second offense) $200 fine, driver license is suspended for 30 days and restricted for 60 days. (Third offense) $500 fine, driver license is suspended for 60 days and restricted for 305 days.

CRIMINAL LAW & PROCEDURE

slide91
MIP
  • All offenses are misdemeanors and may include community services hours and substance abuse prevention, rehabilitation, and/or screening assessment at own expense.

CRIMINAL LAW & PROCEDURE

fraudulent identification
FRAUDULENT IDENTIFICATION
  • FRAUDULENT IDENTIFICATION: The attempt or successful completion of a minor to purchase alcohol under false pretenses.
  • PENALTIES: Misdemeanor with a fine up to $100, up to 93 days in jail, driver license is suspended for 90 days, and alcohol screening may be required.

CRIMINAL LAW & PROCEDURE