Got an MIP in Missouri?

You have a couple of options here.  But before we get to those, you first should hire an attorney, or at least consult one and get some legal advice for your unique situation.  Now for the options. 

Option 1: You can always plead not guilty and try the darn thing before a jury.

Option 2: Plead guilty and probably just get a fine.  This results as a conviction on your criminal record. 

Option 3: Have your attorney negotiate a plea agreement to plead guilty in return for an SIS and probation.  If you complete probation without violating your probation terms, you get no convictions on your criminal record.

Now, you might think that for most people the choice is clearly Option 3.  However, in Missouri you may be able to have an MIP conviction under Option 2 expunged after you turn 21, but you must have no other alcohol-related convictions or arrests since.  The hassle with this is you have to petition a court to expunge the record, and you always run the risk that the General Assembly will change the law to eliminate expungement of MIPs.

So which is better, Option 2 or 3?  Well, if you know you will not be able to abide by probation terms, Option 2 is probably the better choice.  If you agree with Homer and are going to violate probation and get a conviction anyway, why not plead guilty, pay your fine, and be done with it? 

On the other hand, if you think you can abide by probation, Option 3 may be the better choice since you won't have to mess with expunging your record after you turn 21, and you may not even be eligible for expungement depending on what happens between your MIP and your 21st birthday.

The Bankruptcy Debate

Clients considering bankruptcy often struggle with the decision.  They rightfully feel an obligation to pay back debts they owe and don't want to feel like they are "cheating" their creditors by filing for bankruptcy.  Or they are embarrassed that they are even considering bankruptcy, given the stigma that society (rightly or wrongly) often attaches to bankrupt debtors.  But in these difficult economic times, the reality for each of them is that debt has made their lives miserable, and they find themselves having to choose between making the minimum payments on their debts or buying groceries for their family.  The reality is that they need relief. 

That is just what the Bankruptcy Code is designed for, giving debtors relief from their debts so that they can come out from under the weight of their debts and receive a "fresh start."
If you desperately need relief from debt and are considering bankruptcy as an option, speak to a bankruptcy attorney.  They can help resolve any concerns you may have about filing and help you evaluate your particular situation to determine whether bankruptcy is the best option for you.  Relief may be only a phone call away.

Custody: To Modify, or Not to Modify?

I get calls occasionally from people unsure whether to get custody modifications in family law matters.  These usually occur in situations where they and their ex-spouse have voluntarily changed custody arrangements and want to know if they should get a court order modifying the prior court-ordered arrangments to the new arrangements.  The answer?  It depends.  Do you want the new custody arrangements to not change?  If so, then you should probably hire a lawyer and get a modification. 

Now, some people think that just because their ex-spouse agreed to the new custody arrangements that they will permit those arrangements to stay in effect, or at least will be reasonable in the future with agreeing to custody arrangements.  Maybe they will, and you have to be the judge.  But experience has shown that people who rely on the good faith of their ex are sometimes burned.  Remember: this person you divorced is someone you could not get along with, who violated your trust, or for whatever reason you could not stand to remain married to them.  Do you want them to be able to come back at a later time, in a year or even tomorrow, and say they have changed their mind?  Without a modification in hand, you have no guarantee you can keep custody arrangements the way they are (and you may find yourself purchasing a dartboard with your ex's face on it to work out the angst you are now feeling).

That's why in nearly every case, even if you and your ex-spouse cooperate on all levels post-divorce, it is safest to go ahead and get the modification.  In the very least, you should consult an attorney in the matter (and probably be told you need the modification).

Recent Change in MIP Law

The Missouri General Assembly recently amended the Minor in Possession statute, RSMo 311.325, so that any person under 21 who attempts to purchase/purchases or possesses alcohol, or who is "visibly in an intoxicated condition" (more on that later) gives implied consent to a chemical test such as a breathalyzer test.  This type of "implied consent" is used under the DWI statute to justify suspension of a person's driver's license if they refuse to take a breathalyzer test.  So now, a person charged with MIP can also have their license suspended if they refuse to take a breathalyzer test.

Unfortunately, "visibly in an intoxicated condition" gives a police officer wide latitude in citing someone for an MIP, since "intoxicated condition" is defined in RSMo 577.001 as being "under the influence of alcohol."  Presumably then, a minor who exhibits any visible of sign of being under the influence of alcohol, no matter how slight, could be cited for an MIP and expected to take a breathalyzer test or face suspension of his or her license.

Hiring a lawyer when charged with an MIP would be highly recommended to protect one's rights, especially considering the driver's license consequences that now accompany the criminal punishments.

City of Jackson development plan

Not completely relevant, but the City of Jackson is working on a plan to address traffic issues on U.S. 61 and development of East Main Street.  I mainly bring it up because our law firm is currently constructing a new building near the corner of East Main and Lacey Streets, the area proposed for development by the City's plan.  The plan, along with a brief mention of our firm's building, is discussed in an article at the Southeast Missourian's website, which you can access here.

Welcome!

Welcome to my blog, where I hope to provide helpful or just interesting information on a variety of legal topics to Southeast Missourians.  I may also mix in some interesting and/or entertaining posts.  Feel free to post your comments, suggestions, or questions.