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  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Default Open Intox In Motor Vehicle, in Michigan

    My question involves criminal law for the state of: Michigan


    Well last night i got a ticket for Open intox in a motor vehicle , heres the situation. I was at a house drinking (I am over 21) , i was still intoxicated when it was time to leave , so i went to my car which was parked on the side of the road in front of the house. I sat in my car waiting to sober up before the ride home. The police pull up and ask what im doing , i tell them and the give me an open intox. My question is , is what can i do and is this right? My keys were NOT in the ignition , they were on my passanger floor board, car was not started for many hours.


    Can someone please help me with this? Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    38,367

    Default Re: Open Intox In Motor Vehicle - Michigan

    I would suggest you are lucky the charge was not OWI. I haven;t checked to be sure but in many states, your situation would allow a DUI (OWI in Mi) charge.

  3. #3
    Join Date
    Mar 2009
    Posts
    2

    Default Re: Open Intox In Motor Vehicle - Michigan

    Really ? DUI or OWI when the vehicle is not started or being moved and also in a legal parking area.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,367

    Default Re: Open Intox In Motor Vehicle - Michigan

    yep. you had control of the vehicle and the keys to use it.

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