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  1. #1
    Join Date
    Feb 2008
    Posts
    1

    Default Open Intox In Michigan

    I recieved an open intox ticket 2 weeks ago in Ypsilanti MI. I passed the brethalyzer test and the cop had found 2 open beers, which me and a friend were drinking. Just curious to know what type of sentincing i may recieve from this violation. Im a first time offender.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,898

    Default Re: Open Intox Michigan

    Quote Quoting MCL 257.624a Transportation or possession of alcoholic liquor in container open or uncapped or upon which seal broken; violation as misdemeanor; exception.
    (1) Except as provided in subsection (2), 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.

    (2) A person may 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 other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in this state, if the vehicle does not have a trunk or compartment separate from the passenger compartment, the container is enclosed or encased, and the container is not readily accessible to the occupants of the vehicle.

    (3) A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section 625(6).

    (4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.
    If a person is convicted of a misdemeanor for which no punishment is specially prescribed, the maximum punishment is imprisonment for not more than 90 days or a fine of not more than $500.00, or both. MCL 750.504.

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