A few of us received an open intoxication citation in Mount Pleasant, Michigan over this past weekend. We were tailgating for a football game and were unaware that we were not allowed to have open alcoholic beverages in the area we were in. My first question is, what is the difference between the open container law and open intoxication law in Michigan? I have done some research and from my understanding, both of these laws have the involvement of a vehicle. Secondly, the officers who issued the citation never offered or administered a breathalyzer test. Do you need to administer a breathalyzer before writing a citation? How can they prove we were "intoxicated"? For the record, it was our first drink of the day. Lastly, does an open intoxication require being on a city sidewalk? We received our citations while on the grass outside of the stadium.
1 Answer from Attorneys
You ask a great question and it is easier for me to explain the answer to you over the phone, especially since there are further question I must ask to give you the best and most accurate answer. Please call me on my cell phone at any time (I am available 24/7) at 586-457-5501 so I can help you and answer any additional questions you may have.
Looking forward to hearing from you.
--Jules N. Fiani
Attorney at Law
Office phone: 810-227-7200
Cell phone: 586-457-5501
Email: [email protected]
4920 Chilson Road
Howell, MI 48843
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