Friday, December 4, 2009

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.

1 comment:

  1. I learn some new stuff from it too, thanks for sharing your information.
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