Were you charged with misdemeanor of open intoxication after drinking in a vehicle? Even having an open beverage in the vehicle is sufficient in some circumstances to run a foul of MCL 257.624a. For example, you may not have an “open” (but recorked) bottle of wine in the passenger compartment of your car unless it has no trunk and is not within easy access of any occupants. If you have been charged with this demeanor, it is a serious crime with serious ramifications. You may be assessed high court fines, incarcerated, and will have a permanent criminal record. An experienced attorney may be able to question the validity of the stop and search. Further, through negotiations with the Prosecutor or City attorney we can try to negotiate a modification, reduction, or dismissal of charges. At Garmo & Kiste, PLC we frequent Metro Detroit court’s and have experience with the attorneys and judges assigned to your case. Our goal is to get you sentenced pursuant to a diversionary program whereby after completing a period of probation or other court terms such as community service the crime will be removed from your record. Michigan Open Container Charges? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
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.