Open Intoxicants - MCL 257.624a - Josh Jones - Michigan Criminal Lawyer - ALL FELONIES AND MISDEMEANORS

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.

52-3 District Court - Criminal Defense & Marihuana Defense - Rochester Michigan

52-3 District Court – Rochester, Michigan

The 52-3 District Court is separated into four primary divisions which include a:

• Traffic Division, which processes citations written by police departments.
• Civil Division, which oversees cases involving money or damage claims, and landlord/tenant disputes.
• Criminal Division, which processes paperwork from police departments, state law and ordinance prosecutors. Cases involve misdemeanor offenses, both traffic and non-traffic.
• Probation Department, which is responsible for supervision of probationers, conducting pre-sentence investigations, alcohol assessments, and probation violation hearings.

The presiding judges in the court are the Hon. Julie A. Nicholson, the Hon. Nancy T. Carniak, and the Hon. Lisa L. Asadoorian. Anyone who has been ordered to appear in the 52-3 District Court understands how difficult this court can be for criminal defendants and the like. It is imperative that you have an attorney who knows what to expect when entering into this court. The judges are hard nosed, rough and tough, and are sometimes unpredictable. 

Always remember that the court nor its officers or agents are allowed to provide you with legal advice. It is necessary that you contact an attorney who will provide you with legal solutions. Contact Josh Jones 7-days a week. He specializes in Criminal Defense (all Felonies and Misdemeanors) and Marihuana Defense. 

Scope Of Motor Vehicle Search - Warrantless Search - Michigan Criminal Attorney - Josh Jones - ALL Felonies & Misdemeanors

Motor Vehicle Exception - Scope Of Vehicle Search

When an individual motorist is stopped by a police officer for a traffic violation or for another reason bringing about a reasonable suspicion that a crime is occurring or about to occur a police officer can detain the individual motorist on the side of the roadway. But how long cans this detention last?

The amount of time an officer can detain an individual is not specific or certain, but rather the amount of time is based upon the initial stop. What this means is that an officer can detain an individual for an amount of time that it takes for the officer to determine whether the individual motorist is capable of operating the vehicle and the police officer has issued a warning or citation. However, this does not limit the officer to simply ask the driver for his or her paperwork.

In fact, an officer can remove the driver from the vehicle, question the driver about unrelated issues, wait for another patrol car to arrive, and check the driver’s driving record and criminal history, to name a few.

However, this general rule does not preclude an officer from extending the stop if the officer discovers more facts revealing another infraction or crime beyond the reason for the initial stop. This ideal is founded in the United States Constitution. Michigan’s Constitution seems to provide preclude an officer from questioning an individual motorists on unrelated issues not connected to the initial stop unless the officer is able to demonstrate reasonable suspicion for extending the scope of his or her questioning.

To conclude if an officer does exceed the scope of initial stop then an arrest has occurred, in the eyes of the law, and that would allow for any evidence obtained to be suppressed later on at trial. It is beyond important to look at every stage of a traffic stop to determine the necessary legal scope and boundaries police officer must uphold.

PLEASE DO NOT RELY upon any of the information contained in this article when trying to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc.