Call Ray Purdy at 1-616-502-1646

As of June 1, 2012 the Michigan Legislature pushed through a medical amnesty provision in the minor in possession of alcohol statute. This is very broad and applies to more than just the minor that calls for medical assistance. The major provisions of this new law are explained below:

The following people have a full defense to the Michigan minor in possession statute;

  • A minor who has consumed alcoholic liquor and who voluntarily presents himself or herself to a health facility or agency for treatment or for observation including, but not limited to, medical examination and treatment for any condition arising from a violation of sections 520b to 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b to 750.520g, committed against a minor.

What this means: This means that if you are a minor who has consumed alcohol and you go to a health facility (hospital or critical care center) voluntarily you cannot be charged with an MIP.

  • A minor who accompanies an individual who meets both of the following criteria:
    •  Has consumed alcoholic liquor.
    • Voluntarily presents himself or herself to a health facility or agency for treatment or for observation including, but not limited to, medical examination and treatment for any condition arising from a violation of sections 520b to 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b to 750.520g, committed against a minor.

What this means: This is key in that individuals who go with the sick person can claim amnesty and present a defense if charged with minor in possession of alcohol.

  • A minor who initiates contact with a peace officer or emergency medical services personnel for the purpose of obtaining medical assistance for a legitimate health care concern.

What this means:  This is the big one.  If you are at a party and are worried about a friend or person there who may have alcohol poisoning or is sick, you can call the police or 911 and possibly have a defense to your MIP.

  • If a minor under the age of 18 who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, voluntarily presents himself or herself to a health facility or agency for treatment or for observation as provided under subsection (10), the health facility or agency shall notify the parent or parents, guardian, or custodian of the individual as to the nature of the treatment or observation if the name of a parent, guardian, or custodian is reasonably ascertainable by the health facility or agency

What this means:  If you are under 18 years old, the health care facility will most likely call your parents.  No more keeping it secret.

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The Law Offices of Raymond A. Purdy, PLLC | 821 West Savidge St. Spring Lake, MI 49456 | Phone: 1-616-502-1646 | Fax: 1-616-842-5735