Legal Question in Traffic Law in Michigan

open intox in michigan

We were driving down the road, got pulled over for turning on a no turn on red. Police pulled us over and we opened the window and he said he smelled beer (container was half full with the cap on)...the bottle was in the back seat and when he went around the car with his flash light he saw the beer. He took the beer out of the back seat and threw it in the bushes. No breathalizer or sobriety test for myself or the passenger. I was the driver and received a ticket for turning on the no turn on red, and the passenger got the ticket for open intox. Not sure as to how we should handle the situation. Thank you!

Asked on 6/05/09, 10:11 am

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Re: open intox in michigan

you should both retain attorneys to look out for your best interests. Visit to discuss details. Tim Klisz

Read more
Answered on 6/05/09, 10:30 am
Daniel Hajji Daniel Hajji & Associates

Re: open intox in michigan

Fight the tickets! Don't just go to Court and pay these tickets. There are POINTS that can have an impact on your driving record. Your car insurance rates may increase, you may end up paying additional fees to Dept. of Treasury, also known as driver responibility fees, and if you accumulate too many Points, your license may be suspended or revoked; And with respect to the Open intox, it is a misdemeanor and if your're found guilty, it wil remain on your record forever. Based on the facts, you have a good chance of fighting these violations. Feel free to contact me at 248.865.4700 Daniel Hajji. I will be in the office today til 4pm.

Best of Luck

Read more
Answered on 6/05/09, 11:56 am

Related Questions & Answers

More Traffic Law questions and answers in Michigan