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  1. #1

    Default Open Intox in a Vehicle - Do they Ticket the Driver or Passenger

    My question involves criminal law for the state of: Michigan

    I am just curious as to who, in the state of MI, gets the open intox ticket when charged with the offense.
    Or more precisely,
    Scenario:

    Man "A" was driving and Man "B" was just a passenger. Man "B" opens a beer and starts drinking. While driving the car is pulled over, and the officer notices the open can. Is Man "A" in danger of being charged with the offense? Or will the ticket go to Man "B", providing he admits to it being his?

    Thanks!!

  2. #2
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    Default Re: Open Intox in a Vehicle - Do they Ticket the Driver or Passenger

    The officer could ticket both.
    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.

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