Michigan MIP Amnesty Law
Protections For Some Minors Who Come Forward
In June of 2012, the State of Michigan modified the Michigan Liquor Control Code (aka MLCC) to include an exemption for certain individuals suffering from alcohol poisoning, i.e. the MIP Amnesty Law. This exemption applies to a minor who purchases, consumes or possesses alcohol. See MCL § 436.1703(10). Traditionally, an MIP is a criminal misdemeanor if an individual under the age of 21 is caught purchasing, consuming or possessing alcohol. However, the MIP Amnesty Law provides dismissal in certain circumstances for individual in such a situation. The MIP Amnesty Law requires the individual to:
– Voluntarily present himself or herself to a health facility or agency for treatment or observation, including examination and treatment for any condition arising from criminal sexual conduct committed against the minor;
– Accompanies an individual who has consumed alcohol and who presents himself or herself to a health care facility for treatment or observation; or
– Initiates contact with a peace officer or emergency medical services personnel for the purpose of obtaining medical assistance for a legitimate health care concern.
The MIP Amnesty Law protects minors from fear of being criminally prosecuted for an MIP if the minor is seeking medical or emergency assistance because of alcohol use, and, inevitably charged with possession, use or purchasing alcohol. This legislation does not recuse MIPs outright; it does, however, provide individual minors who become ill, medically complicated, or make contact for assistance for those individuals ill or medically complicated will be protected.
The purpose of the MIP Amnesty Law is to provide protections for serious situations. The MIP Amnesty Law should afford individual minors with the comfort of coming forward to protect themselves and others when alcohol becomes dangerous. Know the law, know your rights, and always lawyer-up. Contact Josh Jones today for your free consultation.
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