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Ely
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Category: Criminal Law
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In Monroe MI what is my likely penalty for breaking the open

Resolved Question:

In Monroe MI what is my likely penalty for breaking the open alcohol container law in a vehical, being the driver, with two prior DUI's in OH in 2004 and 2006?
Thank You,
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. I am here to help you. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear. There may be a slight delay between your follow ups and my replies as I type out a thorough reply for you.

I am sorry for your situation. If you are found guilty of having an open container, under Michigan Vehicle Code 257.624a et seq, this is seen as a misdemeanor, regardless of your prior DUIs.

Generally speaking, the punishment is community service and to undergo substance abuse screening and assessment. The Judge may also sentence you up to one year in prison as well/instead. Normally, however, an open container conviction with no DUI/injury involved does not include jail time.

Good luck.

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88194
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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