Cost of an open intox ticket in michigan?

Question

husband got an open intox ticket in michigan. how much will the fine / ticket be. also it wasn't his and he wants to fight it, the cop didn't give him or anyone a breathalizer. honstley, we don't know who's it was. hanging out with friends and they were listing to music in my car and one of them had to have left it in there. what are his options?

Answer 1

The fee schedule should be on the citation. If not go to the issuing jurisdiction's web site and search for it.

Answer 2

A breathalyzer test is not necessary, as the citation is for having an open alcoholic beverage in the car. It also does not matter why the container was in the car; simply having it in the car while operating is an offense.

You can attempt to fight it in court. Judges can be pretty lenient with first-time offenses, especially if they feel the situation warrants it. You can also negotiate with prosecution for a guilty plea for a reduced charge. Those are probably the two better options.

The fine, according to one site, will be $100, up to 90 days imprisonment, or both, along with two license points.

EDIT: It does not matter whether or not he was driving. Michigan open container law applies to both operators and occupants of motor vehicles:

http://www.legislature.mi.gov/(S(4rrv4t4...