In: Root » Home and family » Kids and teens
Someone once said that everyone should be born at 50. That way we would be wise right from the start! Unfortunately, that is not the case. And as far as parenting goes there is no instruction tag on our children either. There are so many temptations for teenagers that even the most responsible teens make poor decisions. Parents can do many things to help educate and inform our youth of dangers that can arise, but in the legal aspect, the best thing a parent can do is know your family's rights and responsibilities as stated by the law. Michigan Laws Concerning: 1. Alcohol and Underage Drinking Michigan laws are very stringent when it concerns children under the age of 21 consuming beverages containing alcohol. The days of thinking "it's just kids being kids "is a thing of the past and has been replaced with strict guidelines and stern punishments. Some of the more common teenage occurrences include: MIP-- A first offense of minor in possession (MIP) of alcohol is a criminal misdemeanor which goes on your permanent criminal history and your automobile driver's license. While a sentence deferral or expungement could erase the offense later, there are serious consequences. For a first offense, the fine is $100 and no jail; however, jail time can be awarded if probation is not correctly followed. A second offense can include imprisonment for not more than 30 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $200.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services. The teenager's driver's license will also be suspended for 30 days and restricted for an additional 60 days thereafter. Open Intoxicant-- In Michigan, consuming alcohol in a motor vehicle, whether you are the driver or the passenger is illegal. The law provides a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway, or within the passenger compartment of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state. A first offense constitutes up to a $100 fine. A second offense includes a fine and driver's license is suspension for 30 days/restricted for 60 days. For a third offense, the teenager's driver license is suspended for 60 days/restricted for 305 days. Alcohol screening and community service may also be required. Two points will be assessed on their driver record, and the vehicle can be impounded up to 30 days. In short, Michigan's strict open container laws are designed to deter people from drinking and driving. Drinking and Driving--The State of Michigan has some of the toughest Zero Tolerance and underage drinking laws in the country. Michigan's "Zero Tolerance" law, which states an underage driver cannot have a blood alcohol concentration (BAC) over .02%, was established to help curb teenage driving fatalities. A first offense can include up to a $250 fine and/or up to 360 hours of community service. The teenager's driver license is restricted for 30 days, four points on their driver record, and a $500 Drivers Responsibility Fee for 2 consecutive years will also be assessed. A Second Offense within seven years includes up to a $500 fine and/or up to 60 days community service as well as up to 93 days in jail. A driver's license suspension of 90 days will be assessed. Any prior drunk driving conviction results in a minimum one-year driver license revocation. Four points will be levied on the teenager's driver's record and a $500 Driver Responsibility Fee for two consecutive years will be imposed. A BAC level of .08% or above constitutes a Driving Under the Influence charge. (DUI) Parents may be responsible for any and all damages relating to alcohol and driving caused by their teenage child until that child is 18 years of age. 2. Dating-Developing relationships is a normal part of growing up. However, sometimes teenagers make choices that cause the State to become involved. In some cases, youth sex offender statutes require youths to be tried and sentenced in the adult criminal justice system. Penalties often range depending of the degree of the offense, but most youth sex offenses are subject to sex offender registration after their 18th birthday. Some offenses include, but not limited to, Criminal Sexual Conduct charges, statutory rape, indecent exposure, gross indecency, and lewd conduct. If your teenage child is charged with a juvenile sex offense it is recommended you consult with an attorney immediately. An experienced Family Law attorney will also provide resources for counseling, therapy, and other avenues to help troubled teens. 3. Driving laws and Insurance--Drinking aside, parents are still responsible for their teenager's overall driving responsibilities. Under Michigan law, no person under the age of 18 years of age can obtain a driver's license without having a parent, stepparent, or other adult sponsor signing the application for the license. Once an adult signs the license application, that adult is assuming responsibility for any personal injury or property damage caused by the negligence or willful misconduct of the underage driver. Parents can be held liable for personal injury, as well as, physical and property damages. Consequences include, but are not limited to, monetary compensation, hospital and other medical bills, and auto insurance premiums. Fortunately, The State of Michigan has a specific program for new teenage drivers called the Graduated Licensing System. This is a progressive approach to the full licensure of teen drivers. The graduated system helps young drivers by limiting high risk driving situations, increasing adult supervision and extending the educational requirements of the novice driver. This system has multiple levels with strict guidelines that new teenage drivers must complete in order to properly acquire their drivers license. For more information please visit the Michigan's Department of State website at: http://www.michigan.gov/sos, or contact Plachta, Murphy & Associates directly at 616-458-3994. Even with a stable licensing program in place, teenagers can sometimes run afoul on driving laws. In those instances it is recommended that parents contact a family/juvenile attorney to discuss their specific options. Setting a reparative plan of continuing proper driving etiquette is in the best interests of the teenage driver, their parents, and the community as a whole.
Conclusion In many instances parents are responsible for their children's harmful actions much the same way that employers are responsible for the harmful actions of their employees. This legal concept is known as vicarious or parental liability. The parent is vicariously liable, despite not being directly responsible for the injury. Being the parent of a teenager is difficult to say the least. In any circumstance, we as a community can help successfully guide teenagers through life's transitions into adulthood through education, information, and providing proper resources. Plachta, Murphy & Associates, P.C. is a full-service law firm of Grand Rapids attorneys and professionals, experienced in Family Law and Criminal Law, who work closely to ensure all aspects of the law are considered in pursuit of solutions for our clients. We work together to create a plan and a budget to ensure that all parties understand the expectations and complications associated with Family Law matters and juvenile offenses. The head of our Family and Juvenile Law client service group is Miles J. Murphy, III, Attorney, with more than 20 years of experience in Litigation, Family Law, and Juvenile Defense. Mr. Murphy represents individuals and families in court throughout West Michigan. He is also a former member of the Kent County Family and Children's Coordinating Council. Please feel free to visit us at www.pmalawpc.com for more information or contact Miles directly at mmurphy@pmalawpc.com or 616-458-3994.
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