QUESTION
Can a driver be fined if the passenger owned the item?
Asked on Mar 07th, 2013 on Criminal Law - Michigan
More details to this question:
In Ohio, a driver was fined because his passenger had an open container.
2 ANSWERS
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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In Utah, the charge is not ownership of an open container, but possession. If the open container is in the vehicle, and you are driving, yes you can be charged with possession. They do not care about ownership.
Answered on Mar 08th, 2013 at 1:33 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, if you are the driver you are presumed to be in control of the automobile and the passenger.
Answered on Mar 08th, 2013 at 1:07 AM