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Can you push for community service for an MIC?

Tempe, AZ |

I blew a very low BAC and was extremely cooperative. This is my first offence and do not want to pay a fine because I'm a starving college student.

Attorney Answers 3


Typically they'll offer a class that if you complete it they'll dismiss your case.

Attorney David Kephart is an experienced Criminal Defense Trial Attorney and Jury Consultant. He is the recipient of the Arizona Attorneys for Criminal Justice President's Award and the recipient of the International Academy of Trial Lawyers Commendation for Excellence in Trial Advocacy. His response to your question is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, and does not create a right to continuing email exchanges.

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Yes. This is a very plausible outcome for this type of case. Ideally, the defendant will be permitted to enter into a diversion program. This program may include classes, community service, and/or alcohol testing. A successful completion of this program will result in a dismissal of the original charge.

Adam Feldman
The Feldman Law Firm, PLLC
1 E. Washington Street, Suite 500
Phoenix, Arizona 85004
(602) 540-7887

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I was in court this morning and a Judge agreed to give an individual with a MIC diversion which means you enroll in a counseling program that you pay for yourself and if you successfully complete the program then the charges are dropped. There is no guarantee that the State will be willing to recommend that to the Judge but you can certainly ask for it. If that is the outcome you are looking for I highly suggest talking with an attorney and remember that outcomes cannot be guaranteed by anyone.

This response is not intended to create an attorney client relationship, nor is it given as legal advice and should not be relied upon as such. Always consult with a licensed attorney regarding the specifics of your particular case.

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