Legal Question in Criminal Law in Michigan

Re: Question on law

It could be that the prosecutor's office or the court clerk's office entered the wrong charge code. (An error or flip-flop of just one number or letter in a code can result in the printed-out charge being something totally wrong.)

MCL 436.1915(1) is a misdemeanor called Consumption of Alcohol on a Highway. But MCL 257.624a is the charge for having an open container of alcohol in a vehicle. So that kind of eliminates the "explanable coding error" explanation.

You should get a copy of the police report to see what the police claim happened, and then talk to a criminal defense attorney about how best to handle your case ... including going to trial if the reported facts are all wrong.

This is a misdemeanor charge, but if you're convicted, it goes on your driving record. And if you have a prior Open Alcohol conviction, your license will get suspended. So treat this seriously.

Re: Question on law

Errors happen all the time in court. It will be corrected when you get to court. The police had nothing to do with it, I'm sure.

Re: Question on law

I am unaware of any charged called drinking in a public roadway. It's very possible that you are charged with the crime of open intoxicants in a vehicle. Many of these cases can be beat. Don't let the prosecutor walk all over you - - - - fight back. Hire an experienced and aggressive attorney to protect you.

For more information, go to:

www.AggressiveCriminalDefense.com