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  1. #1
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    Feb 2011
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    Default Is Open Intox. a Misdemeanor in Michigan

    My question involves criminal law for the state of: Michigan
    My husband was pulled over and the cop gave him a citation or something for open intox. H had some back child support so the cop had to take him to flint. The citation was in burton. He was not put in jail or anything for the open intox. He went to court pled guilty and paid his fine and the case was closed. Now he is trying to get a job and they asked if he had anything in the last three years. It happened in may of 2008. He said no because he thought it was in 2007. So what I am wondering is it considered a misdemeaner or something else? If it is a misdemeaner it could cost him the job. Thanks you for any help I can receive.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Open Intox. is It a Misdemeaner in Michigan

    is this the section he was charged with?


    257.624a Transportation or possession of alcoholic liquor in container open or uncapped or upon which seal broken; violation as misdemeanor; exception.
    Sec. 624a.

    (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.

  3. #3
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    Feb 2011
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    7

    Default Re: Open Intox. is It a Misdemeaner in Michigan

    I am not sure. He was in a truck. He had left a friends house they didnt do a breathilizer test and he wasnt drunk. I have a pink receipt and it says citation no on it. the amount he paid was 400.00. But he was never arrested or finger printed. They gave him a ticket to go to court. He ent to court a month later and paid the fine. It says that the case is closed. This is all I know. It also said pled guilty ct I open intox. I am not sure what that means.

  4. #4
    Join Date
    Mar 2009
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    9,170

    Default Re: Is Open Intox. a Misdemeanor in Michigan

    He can contact the court where his case was adjudicated and they should be able to tell him the code section he was charged with and/or the level of the charge.

  5. #5
    Join Date
    Feb 2011
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    7

    Default Re: Is Open Intox. a Misdemeanor in Michigan

    Does he need to go in or can he call? Is it only a misdemeanor if he is arrested? I am worried this may hurt his chance at a job. He can't have any dwindle etc on his record to qualify for this job.

  6. #6
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    Default Re: Is Open Intox. a Misdemeanor in Michigan

    You might be able to call. You might even try to see if that court has anything online where you could look up the record. No, it matters not if he was arrested or not. If the section cited was what I provided, it is a misdemeanor.

  7. #7
    Join Date
    Feb 2011
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    7

    Default Re: Is Open Intox. a Misdemeanor in Michigan

    Ok thank you so much jk for your help. We really need for him to get this job so I am really worried. I will see if I can get online and find the codes. You have been very helpful. As you can see I don't k.ow anything about this stuff.

  8. #8
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    Jan 2006
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    38,867

    Default Re: Is Open Intox. a Misdemeanor in Michigan

    Quote Quoting sebernard1
    View Post
    Ok thank you so much jk for your help. We really need for him to get this job so I am really worried. I will see if I can get online and find the codes. You have been very helpful. As you can see I don't k.ow anything about this stuff.
    you're welcome.

  9. #9
    Join Date
    Feb 2011
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    7

    Default Re: Is Open Intox. a Misdemeanor in Michigan

    I did find something that said 624a. It was listed right after the open intoxicated charge on report. I am assuming this is the charge. So would that make is a misdemeanor? Sorry lol I just went through records and found this listed.

  10. #10
    Join Date
    Jan 2006
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    Default Re: Is Open Intox. a Misdemeanor in Michigan

    Surely sounds like it.

    Did he have a lawyer at the time? If so, you might want to investigate a bit further. He might have gotten some sort of plea agreement that reduced the charge to an infraction or even a deferred adjudication where the charges were eventually dropped.

    I don't want to get your hopes up as it sounds like it was a simple; "yes, I'm guilty as charged" thing but I would look just the same.

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