Call Me: 248-924-9458

​5 Steps to Take Immediately After Receiving a Tailgate Offense
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1. Take a deep breath; there is nothing you can do in the moment, go enjoy the game or the rest of your night; if its late, go to bed.  If you wish to take touch with an attorney, send me an email [email protected] or text/call me 248-924-9458.  You can send me a copy of the ticket; get that off your plate.  If you're a family member of the person ticketed, please email and call me, we will get a copy of the ticket later in the day. 

2. Once you regroup that evening or the next day, you will see a text reply or email reply letting you know that your case is manageable and everything is going to be OK.  You are where 100's of my clients have been in the past, and every single one of them had a favorable result if they followed my plan.  We will discuss next steps to work together. 

3.  In the coming days, once we are working together, I will give you a few proactive steps to take on your own time to improve your case, and help me help you figure out a great outcome.

4.  Our goal is to keep you from having a criminal record; that is a possible; it's also possible to have you excused from court, or to join court via zoom. 

5. This case does not need to have long-term consequences on your life; you're successful, and having a criminal record over an isolated moment in time is not equitable.  Believe in common sense; lean in on telling your story; this case will not define you.  

Michigan Open Intox/Open Container 
Experienced Defense Lawyer

Many of my clients who are charged with an MIP, are also charged with having an open container in public.  It seems like the police officer might be piling on, but they are actually two different crimes.  With an MIP, you must be under 21 to be charged with the offense, but the open intox charge applies to ANYONE in Michigan, no matter if they are under or over 21.  It's a very common offense during tailgating season as cops are trying to hit quotas on tickets, and tailgate season is a lucrative time to up revenue for the city.  

Most open intox charges are issued under local law, such as City of Ann Arbor, City of Novi, Royal Oak, City of East Lansing etc.  If you have received a ticket from a city this is still a misdemeanor with punishment up to 90 days jail, probation, fine etc.  These tickets are quite common, and most of these tickets can be negoitated with the prosecutor to something that stays off your record, but you need to get to that point, and show why you deserve that result.  All of my clients charged with an open intox, go on my proactive plan.  

Open intox tickets are not only for walking around in public with alcohol, the charge can also apply to vehicles, which is actually more complicated in terms of keeping it off your record.  The open intox in a vehicle is under the Michigan vehicle code, and cannot be dismissed under most "first offender" options.  Just like a drunk driving, it doesn't just go away unless it is outright dismissed. Many times, I have to convince a prosecutor to take the offense out of the traffic code, and put it into the local ordinance, which we can then work from, and keep it off your record.  It's complicated, and most attorneys in my experience as a former Michigan prosecutor, don't even realize the difference between the two types of open intox laws. Here is so more information on the open intox in a car law. 

(1) Except as provided in subsection (2), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state.

(2) A person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in this state, if the vehicle does not have a trunk or compartment separate from the passenger area, and the container is in a locked glove compartment, behind the last upright seat, or in an area not normally occupied by the operator or a passenger.

(3) A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section 625(6).

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