QUESTION
Am I responsible for the alcohol and does it matter if it's my car or not?
Asked on Apr 21st, 2013 on DUI/DWI - Michigan
More details to this question:
My friends and I are mostly underage and in college. I will be the designated driver majority of the time. I use my roommate’s car who smokes pot daily and his car reeks of pot. What dangers does this present me with? I make him take his drugs out of the car before I drive it, if they have alcohol in the car when I drive them.
7 ANSWERS
Michael J. Breczinski
Well you can still get a ticket for open alcohol if you let them drink while you drive. So no alcohol or drugs in the car.
Answered on Apr 25th, 2013 at 12:33 AM
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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How stupid of your friend to smoke pot in the car. If you are driving and the car reeks of pot and the police find any remnants, even a seed, anything they can test, you could be found in possession of marijuana. You are the driver I doubt if your pot smoking friend will go to court and tell them that the pot was his. If you smoke it at all, it can stay in your blood for up to 30 days. If you are stopped and they find any remnants or smell the marijuana scent, you could be arrested for driving under the influence and if a blood test detects any amount of marijuana in your system, you could get convicted of driving under the influence of marijuana.
Answered on Apr 23rd, 2013 at 2:54 PM
Bankruptcy Attorney serving Traverse City, MI
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Patrick S. Fragel, Attorney at Law, P.C.
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If you are underage and operating a vehicle with alcohol in it, you can be charged with minor-in-possession (MIP). If drugs are found in the vehicle, the Prosecutor can charge you with a drug crime.
Answered on Apr 23rd, 2013 at 2:54 PM
Seems you are already well aware of the risks you are taking. Driver is likely to be first held responsible for illegal activity in car he's driving.
Answered on Apr 23rd, 2013 at 2:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you are driving a car and a passenger has opened intoxicants you can be charged. If the car reeks of marijuana, it is likely that you will be asked to allow that it be searched, and it is doubtful that the owner sufficiently cleaned to the point that there are no remaining traces of the marijuana, and if they are found while you are driving it you could be charged with possession and being made to defend yourself. What you are describing, to me, is simply not worth the risk.
Answered on Apr 23rd, 2013 at 2:53 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, the driver is responsible for everything in the car. Get a new car and some new friends too. Very dangerous from a legal perspective.
Answered on Apr 23rd, 2013 at 2:53 PM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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If they have open alcohol in the car and you are the driver you can be charged with the criminal offense of transporting open intoxicants. It would not matter who owns the car of who it is registered to, you are the driver and you responsible under the law for what is going on in the vehicle you are operating.
Answered on Apr 23rd, 2013 at 2:53 PM