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  1. #1
    Join Date
    Nov 2012
    Posts
    1

    Question Designated Driver Charged With Open Intox

    My question involves criminal law for the state of: Michigan
    My sister went to pick up our Aunt from the bar a couple of nights ago because she called an asked for a ride home and she would leave her vehicle @ the bar until the following am when she was able to drive. To my sisters surprise she had to give three additional ppl a ride home safely as well w one being a labeled as a " Underage Drinker" . The visibility that night was near to impossible due to heavyset Fog, my sister not knowing the roads comfortably and not having good visibility came upon a 15 MPH corner and over calculated herself and had to jerk her wheel jerking thewhole vehicle to come back straight with the road. Around 50 ft north of that corner sat a state police officer who ended up pulling her over. He didn't believe that she was the DD cause of her off road attack back at the corner and pulled her out of the vehicle and having her perform a Sobriety Test to assure the reality of the story. Meanwhile as through this all there unsealed liquor bottled spot I'm her vechile in two of the ladies purses and a drunk minor in the back set. My sister received a ticket for the Open Containers in the vechile and the minor received a Minor in Possession. Is it possible for her to fight her ticket? Will she be charged for contributing alcohol to a minor because the girl was in her vehicle?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Charged W/ a Open Intox While Being a Dd

    If she was not already charged with contributing to a minor, she probably won't. But, was the underage girl over 18? If so, then there can be no contributing charge as the underage person will be an adult, just not old enough to legally drink.

    As for the open container, if it was found in a place where it could have been observed by the driver she probably has no real defense. If, however, one of the occupants in the car snuck it in to the car and is willing to testify that they hid it from the driver, then maybe she can escape punishment for that.
    **********
    Retired Cal Cop Sergeant & Teacher

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  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Charged W/ a Open Intox While Being a Dd

    Open Intoxicants...depending on state....are either not allowed, period. Or allowed as long as it is in the trunk of the car. Some states allow recorking of a bottle of wine from a restaurant, with a special cork.

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