Should I fight my open intox ticket?

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Should I fight my open intox ticket?

I was driving with a couple friends and we ended up being pulled over. Long story short, little to my knowledge one of my friends had a fifth of whiskey in her purse behind my seat. When the police officer walked up he shined his flashlight into the back of my car and the first thing he said was “can I have the whiskey that’s under the seat there?” That’s the first I knew about any alcohol in my car. We all took breathalyser tests and I blew zeros and my friend blew numbers and took the blame for the alcohol since it was hers. Should I fight this ticket?

Asked on July 15, 2014 under Criminal Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you should consult an attorney as soon as you can, especially as the driver of the motor vehicle. It could include fines and jail time for you. Here is what I have found: consuming alcohol while in a motor vehicle is illegal in Michigan, whether the driver or passenger is drinking. State law requires that any open alcohol containers are stored in the trunk, so they are not at easy access to those inside the vehicle. Any container of alcohol in a vehicle should not be uncapped, open, or have a broken seal. This applies not only to roadways and interstates, but parking lots or any area that the public has access to. Open containers may be stored in a locked glove compartment for transport if your vehicle does not have a trunk. It may also be transported behind the last upright seat of your vehicle, or in an area not easily accessible to the driver of the vehicle, or any passenger. Get help.  Good luck.


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