I received my first MIC when i got my DUI a year ago. Now yesterday I received another. What can I expect to receive in court?
It is a class 1 misdemeanor. The maximum sentence is 6 months in jail and a $2500 fine. It is highly unlikely you would receive such a harsh sentence. An atoorney will be able to assist you in negotiations.
Aaron M. Black
Criminal & DUI Attorney
A minor in consumption is a class one misdemeanor. The maximum sentence is 6 months in jail with a $2,500 fine. Depending on how your case resolved a year ago will likely effect the type of plea offer that you receive in this new case. If you did not go to diversion last year then you may be eligible for that program however whether or not that is an option for you will be up to the prosecutor.
It is my understanding that an MIC is a class 2 misdemeanor. A class 2 misdemeanor conviction could carry a maximum penalty of $750 fine, plus surcharge, 4 months in jail, and/or 2 years probation.
Based on my experience, diversion will be very difficult to receive if this is your second MIC; even if you did not receive diversion for your first MIC. I have found that the outcome for MIC’s varies according to which court your case is assigned to. Because a class 2 misdemeanor conviction could have serious long term consequences, including, but not limited to, affecting your ability to obtain a job and attend grad school, I highly suggest that you call an attorney to evaluate the specifics relating to your case.
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