Open Container Vehicle - Michigan

[Tresjour]

Received an Open Alcolhol Motor Vehicle Passenger ticket (in Michigan); I don't think I should have & am trying to figure out if I can fight it.
Scenerio:
- 4 passengers (2 in front had alcohol); I was behind driver seat
- 2 with alcohol placed their bottles under their seat (driver put his behind his seat & I did push it under his seat)
- Driver was arrested for DUI (no Open Container ticket, but admitted to the bottle being his).
- Front seat passenger got Open Container ticket (admitted the bottle was his)
- I also got an Open Container (how)? 2 bottles were foung & two people admitted to having them, but I got charged with one of them.
- I did admit to pushing the bottle under the seat...is this considered possession?
- I was given breathalizer (because I had to drive home & the vehicle IS mine)...I blew a zero.
I was not in possession, the two people who were admitted to possession but I got the ticket. I think I should be able to plead not guilty, however I am not sure if I messed up by saying the 'bottle was passed back & I pushed under the seat'; also the zero breathilizer has to help...right?

T

 

[Cali408nia]

- I was given breathalizer (because I had to drive home & the vehicle IS mine)...I blew a zero.

That makes no sense. Why would you, a sober person, let an intoxicated person drive your car?

Open container in MI has to do with possession or transporting of the container from what I was able to find. You did admit to possession. Pretty simple. Use better judgement next time.

 

[HighwayMan]

also the zero breathilizer has to help...right?

Wrong. What does that have to do with mere possession?

So why DID you let someone else drive your car when you hadn't even been drinking?

 

[asiny]

Received an Open Alcolhol Motor Vehicle Passenger ticket (in Michigan); I don't think I should have & am trying to figure out if I can fight it.
Scenerio:
- 4 passengers (2 in front had alcohol); I was behind driver seat
- 2 with alcohol placed their bottles under their seat (driver put his behind his seat & I did push it under his seat)
- Driver was arrested for DUI (no Open Container ticket, but admitted to the bottle being his).
- Front seat passenger got Open Container ticket (admitted the bottle was his)
- I also got an Open Container (how)? 2 bottles were foung & two people admitted to having them, but I got charged with one of them.
- I did admit to pushing the bottle under the seat...is this considered possession?
- I was given breathalizer (because I had to drive home & the vehicle IS mine)...I blew a zero.
I was not in possession, the two people who were admitted to possession but I got the ticket. I think I should be able to plead not guilty, however I am not sure if I messed up by saying the 'bottle was passed back & I pushed under the seat'; also the zero breathilizer has to help...right?

T

You allowed an intoxicated driver operate YOUR car. Not withstanding that if the driver had caused an accident not only would they be held responsible, but so would you for allowing an intoxicated driver behind the wheel.

Seeing as the car is yours, you are responsible for the contents of the car - specifically I base this on your knowledge of the containers and attempt to hide it.