Q: Received MIP in Idaho at 18 for marijuana and alcohol. How to handle charges?
I'm 18 years old and just received an MIP in Grangeville, Idaho, for marijuana and alcohol while driving alone after being pulled over for speeding. This is my first speeding ticket, but I received an MIP when I was 13. I was told it would be removed from my record when I turned 18, but it wasn't. Law enforcement searched my vehicle during the incident, and I was cooperative throughout. I have a court date scheduled for April 17th. What charges should I expect, and how can I address the issue of the old MIP not being dropped from my record?
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A:
You are facing potential significant legal consequences due to receiving a Minor in Possession (MIP) citation in Idaho for both marijuana and alcohol while driving. In Idaho, possession of alcohol by a minor is typically a misdemeanor offense punishable by fines up to $1,000 and potential jail time up to one year, while marijuana possession carries separate penalties that could include additional fines and possible license suspension. The combination of these charges with a speeding violation compounds your legal situation, as Idaho courts may view these collective infractions as demonstrating a pattern of risky behavior.
Regarding your previous juvenile MIP, Idaho law does provide mechanisms for juvenile record sealing, but this process is not always automatic at age 18 as you were led to believe. Idaho Code § 20-525A outlines the procedure for sealing juvenile records, which often requires filing a petition with the court demonstrating rehabilitation and good behavior since the offense. Your new charges may complicate this process, as courts examine subsequent behavior when evaluating petitions to seal records. The fact that law enforcement referenced your previous record during this recent incident suggests your juvenile record remains accessible in the system.
We recommend you secure qualified legal representation before your April 17th court appearance to address both your current charges and the issue of your unsealed juvenile record. An attorney familiar with Idaho juvenile law can file appropriate motions regarding your prior record and potentially negotiate for diversion programs or reduced charges on your current offense. Given the multiple substances involved and the driving component, you should prepare for potential driver's license consequences, mandatory substance abuse assessment, and court-ordered education programs in addition to standard penalties. You might benefit from gathering character references and documentation of any positive community involvement or educational achievements to present during your court appearance.
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