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  1. #1
    Join Date
    Dec 2016
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    2

    Default Misdemeanor Ordinance Ticket Cites the Wrong Violation

    My question involves criminal law for the state of: MICHIGAN

    How can I get hell-bent local ordinance enforcers to recognize what is a state civil infraction?

    The Story:
    As an employee of a licensed retail establishment, I, with a lack of due diligence, was cited a MISDEMEANOR violation when I served a minor who was part of an under cover operation by the local authority. I plead not guilty at my first appearance with the court and met with the city attorney this morning in a pretrial capacity. He advised me that I should get a lawyer and there were no civil infractions he could offer in this instance. He also said, "somebody has to pay for this" which urked me.

    First Issue:
    I was cited under local ordinance 131.08 PURCHASE, CONSUMPTION, AND POSSESSION BY MINORS PROHIBITED. I clearly violated 131.07 SALE TO MINORS PROHIBITED.
    http://cityofbr.org/clerk/forms/code...Ordinances.pdf
    The address of the bar location was wrong as well on the ticket but I understand that clerical errors are dismissed by the court. Does the actual VIOLATION code being wrong count as a clerical error in the court? Seems like it shouldn't but they're not there to protect the citizenry.

    Second Issue:
    MICHIGAN LIQUOR CONTROL CODE OF 1998 - 436.1701 (1) Alcoholic liquor shall not be sold or furnished to a minor. ... A person who knowingly sells or furnishes alcoholic liquor to a minor, or who fails to make diligent inquiry as to whether the person is a minor, is guilty of a misdemeanor. A retail licensee or a retail licensee's clerk, agent, or employee who violates this subsection shall be punished..[] except that if the violation is the result of an undercover operation in which the minor received alcoholic liquor under the direction of the state police, the commission, or a local police agency as part of an enforcement action, the retail licensee's clerk, agent, or employee is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.

    Michigan law states civil infraction 436.1701(1) for my 'crime'. Local enforcers maintain violation of 131.08.

    I believe something can be done but before shelling out the money for a lawyer I wanted to gain more knowledge. Any posts helping me find direction are greatly appreciated. I am scheduled to appear before the magistrate on Jan 4, would like to hire an attorney after Christmas if it is actually necessary. I truly believed that this would be plead down to the C/I this morning and am somewhat shocked it was upheld.

    Thank you.
    Chris

    I understand none of the responses to this post can be construed as legal advice. I hold blameless all persons willing to comment on my situation.

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