QUESTION
Is an open intoxicant ticket affect my previous misdemeanor case?
Asked on Sep 23rd, 2012 on Criminal Law - Michigan
More details to this question:
I am 24 years old and live in the state of Michigan, I received an "open intoxicant" ticket last night. At the time the ticket was given, three friends and I were parked (the keys were out of the ignition), and two cans of Four Loko had freshly been opened with only a few sips taken from each can. The two officers asked for the two cans to be poured out and issued me the open intoxicant ticket; none of us were given a PBT (preliminary breath test). Before leaving, the officer told me to appear in court on the 1st to answer questions and pay the fine. Is this all that will occur? I have a previous misdemeanor on my record from April 2011 for retail fraud; will this have any effect on this case? I read that for first offense 21+ the fine can be up to $100, is this as high as the fines will go? I work a full-time job and am trying to avoid jail time.
5 ANSWERS
Leonard A. Kaanta
If you are on probation, it will.
Answered on Oct 02nd, 2012 at 12:06 AM
Dennis P. Mikko
A prior conviction could impact the court's decision as to fine and costs. It is not likely that you would serve jail time but the court could make you pay the maximum fine plus court costs. You may wish to explore the idea that if the car was not moving and there were no keys in the ignition that the facts do not amount to an open intoxicants in a motor vehicle. You may have a defense against the charge.
Answered on Sep 27th, 2012 at 11:25 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, you now have two misdemeanors and this will affect sentencing. Get a lawyer ASAP.
Answered on Sep 27th, 2012 at 11:24 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you are not on probation or parole it should not be an issue. I recommend you retain an attorney. An open intox is a serious charge with future implications.
Answered on Sep 27th, 2012 at 11:24 AM
Michael J. Breczinski
Where was this? If the vehicle was parked and not being used as a vehicle then it would have to be in a place where the drinking was illegal by itself, I would fight the matter.
Answered on Sep 27th, 2012 at 11:23 AM