Open Intoxicants –
Open Alcohol In A Motor Vehicle
Did you know that if you are in a vehicle that is upon a
highway or otherwise open to the general public or generally accessible to
motor vehicles you are not allowed to have an open container of alcohol? This
applies to an individual driving or simply a passenger of the vehicle. See MCL
§ 257.624a.
The rule states that individuals are “not allowed to not
transport or possess alcoholic liquor in a container that is open or uncapped
or upon which the seal is broken within the passenger area of a vehicle.” MCL
§ 257.624a(1). The passenger area of a vehicle has been defined as: “the
area designed to seat the operator and passengers of a motor vehicle while it
is in operation and any area that is readily accessible to the operator or a
passenger while in his or her seating position, including the glove compartment.”
MCL
§ 257.624a(5)(d).
If an individual is convicted of this crime for a first time
he or she will receive two (2) points on his or her drivers license. Also, a
misdemeanor will be placed on the individual’s record. Moreover, if an
individual is convicted of the crime two (2) times within 7-years then he or
she will receive a 30-day suspension followed by 60-days of having a restricted
license. An individual convicted three (3) will receive a 60-day suspension
with a 305-day restricted.
It is imperative to know what happens to your license when
you plead guilty to or are convicted of an alcohol or drug crime. An individual
may also have to perform community service and undergo substance abuse
counseling at the direction of the court.
What’s more important is knowing that your past criminal
history, if involving alcohol or drugs, will only bring about more licensing
issues and stiffer requirements while on probation. Other crimes can too have
an impact on when you can drive again.
Contact a criminal defense attorney immediately if you are
involved in any kind of criminal action. Who has you back? Josh Jones.
DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN
REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR
EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND
DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS,
OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU
SOON.
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