Open Alcohol in Public as a Minor in Michigan

[jencann]

Michigan, East Lansing: The other night I got stopped by the cops for having a waterbottle filled with a mixed drink on me; I also ended up blowing a .11. When they were writing up my ticket they kept going back and forth on actually taking me to jail or not. Later, I finally looked at the ticket and it said "open alcohol in public (misd)". I'm almost 20, and I thought this ticket is only for 21 and up. This is technically my second offense, though my first MIP doesn't actually show up on my record.

Should I pled not guilty? Did they make a mistake?

Thanks!

 

[Zigner]

Michigan, East Lansing: The other night I got stopped by the cops for having a waterbottle filled with a mixed drink on me; I also ended up blowing a .11. This is technically my second offense, though my first MIP doesn't actually show up on my record. When they were writing up my ticket they kept going back and forth on actually taking me to jail or not. Later, I finally looked at the ticket later it said "open alcohol in public (misd)". I'm almost 20, and I thought this ticket is only for 21 and up.

Should I pled not guilty? Did they make a mistake?

Thanks!

There is no age restriction on that charge. I supposed you could remind them of your age < sarcasm >

 

[quincy]

Michigan, East Lansing: The other night I got stopped by the cops for having a waterbottle filled with a mixed drink on me; I also ended up blowing a .11. When they were writing up my ticket they kept going back and forth on actually taking me to jail or not. Later, I finally looked at the ticket and it said "open alcohol in public (misd)". I'm almost 20, and I thought this ticket is only for 21 and up. This is technically my second offense, though my first MIP doesn't actually show up on my record.

Should I pled not guilty? Did they make a mistake?

Thanks!

You were a pedestrian when you were stopped? Did you consent (or, at any rate, not refuse) to be breathalyzed?

If you have received an MIP in the past, whether it was discharged and dismissed through completion of a diversion program or not, this current MIP can be charged as a second offense. If you are under the age of 21, an MIP would be the proper charge if you were found with alcohol in your possession.

Were you charged under the East Lansing city ordinance or under the state's minor in possession law? What does it say on your ticket?

It is almost always smartest to plead not guilty at your arraignment and use the time between your first appearance and your next scheduled hearing to consult with an attorney in your area. If you are a student at MSU, there is legal help available through the school, and there are attorneys in the area who offer discount plans or payment plans for students charged with MIPs.

Because a conviction on a misdemeanor charge can affect your life in a lot of ways (including school financial aid packages, insurance and loan rates, travel, employment opportunities), if there is any way to avoid a conviction, you will want to find it. The best way to find a way to avoid a conviction on the misdemeanor is to have an attorney assist in your defense. It is possible (even if not probable) that, if you were given a breath test without permission or after permission was denied, the ticket can be dismissed. It depends on the facts.

Seek help from an attorney in your area, in other words, for the best outcome.

Good luck.

 

[TheGeekess]

You were a pedestrian when you were stopped? Did you consent (or, at any rate, not refuse) to be breathalyzed?

If you have received an MIP in the past, whether it was discharged and dismissed through completion of a diversion program or not, this current MIP can be charged as a second offense. If you are under the age of 21, an MIP would be the proper charge if you were found with alcohol in your possession.

Were you charged under the East Lansing city ordinance or under the state's minor in possession law? What does it say on your ticket?

It is almost always smartest to plead not guilty at your arraignment and use the time between your first appearance and your next scheduled hearing to consult with an attorney in your area. If you are a student at MSU, there is legal help available through the school, and there are attorneys in the area who offer discount plans or payment plans for students charged with MIPs.

Because a conviction on a misdemeanor charge can affect your life in a lot of ways (including school financial aid packages, insurance and loan rates, travel, employment opportunities), if there is any way to avoid a conviction, you will want to find it. The best way to find a way to avoid a conviction on the misdemeanor is to have an attorney assist in your defense. It is possible that, if you were given a breath test without permission or after permission was denied, the ticket can be dismissed. It depends on the facts.

Seek help from an attorney in your area, in other words, for the best outcome.

Good luck.

Actually, the BEST way to avoid conviction is not to indulge in the behavior that results in a misdemeanor charge in the first place (but you know that, q.).

 

[jencann]

You were a pedestrian when you were stopped? Did you consent (or, at any rate, not refuse) to be breathalyzed?

If you have received an MIP in the past, whether it was discharged and dismissed through completion of a diversion program or not, this current MIP can be charged as a second offense. If you are under the age of 21, an MIP would be the proper charge if you were found with alcohol in your possession.

Were you charged under the East Lansing city ordinance or under the state's minor in possession law? What does it say on your ticket?

Seek help from an attorney in your area, in other words, for the best outcome.

Good luck.

I was stopped as a pedestrian on the sidewalk, I didn't consent to be breathalyzed..but I didn't really refuse either (they were threatening to take me to jail). It says under East Lansing I believe. But what I am most confused about is the ticket name, is a minor in possession the same thing (or worse) than open alcohol in public?

 

[FlyingRon]

I was stopped as a pedestrian on the sidewalk, I didn't consent to be breathalyzed..but I didn't really refuse either (they were threatening to take me to jail). It says under East Lansing I believe. But what I am most confused about is the ticket name, is a minor in possession the same thing (or worse) than open alcohol in public?

You consented then. Threatening to take you to jail is both permitted to obtain that consent (and in this case it isn't even necessarily an idle threat).

 

[quincy]

I was stopped as a pedestrian on the sidewalk, I didn't consent to be breathalyzed..but I didn't really refuse either (they were threatening to take me to jail). It says under East Lansing I believe. But what I am most confused about is the ticket name, is a minor in possession the same thing (or worse) than open alcohol in public?

I'm sorry for my misreading of your first post.

If you were charged under East Lansing's Open Container ordinance, and this was charged as a misdemeanor, your MIP was considered a first offense and the open container charge your second offense. For a first offense Open Container under the ordinance (City Ordinance 26-54), it is ticketed as a civil infraction with fines up to $100. Charged as a second offense misdemeanor, on the other hand, can result in penalties that include up to 90 days in jail and fines between $150 and $250, with the consequences of a conviction as I outlined earlier.

You do not want to be convicted of the misdemeanor if this can be avoided. An attorney can be your best chance to avoid a misdemeanor conviction by either getting the charge dismissed entirely on a technicality (possible but not likely) or by working with the City Attorney to have the charge reduced to the infraction (perhaps more likely).

At the court's discretion if the Open Container charge cannot be dismissed or reduced, the court could allow the penalties under 26-54 to be satisfied through a program similar to your MIP diversion. The terms of the program could include a substance abuse assessment and screening and/or completion of a substance abuse prevention program designated by the court and/or through completing X number of community service hours.

As a note: It is always a bad idea to possess or consume alcohol when you are a minor, because the consequences of a misdemeanor conviction can potentially be devastating to school and employment plans, but to possess or consume alcohol as a minor on a college campus on a football game (or other game) weekend is an especially bad idea. The police are out in force on those days.

I recommend you see an attorney in your area prior to your first appearance in court. If you are unable to see an attorney prior to this first appearance, I suggest you plead "not guilty" and consult with an attorney before your second hearing.

Good luck.

 

[HighwayMan]

I was stopped as a pedestrian on the sidewalk...

Then this has nothing to do with drunk driving, DWI/DUI which makes it understandable that your original post was confusing. Try to post to the proper area in the future.

 

[quincy]

Then this has nothing to do with drunk driving, DWI/DUI which makes it understandable that your original post was confusing. Try to post to the proper area in the future.

With luck, jencann will not have to return to the forum in the future with a legal question.