I got an open intox and my driver has his chauffers license and i was in the back set can i fight this?

Asked about 4 years ago - Millington, MI

The arresting officer also put it was in vassar township but we were still in millington township would that be a cause to throw out the case

Attorney answers (1)

  1. Michael J. Nichols

    Contributor Level 9

    Answered . Yes. You can fight this charge. Open intoxicants can be possessed by more than one person under a theory that is called "constructive" possession. It is akin to the pen that sits on your desk. The pen is in your possession even if you are not holding it. However, the state or township stilll has to prove that you had knowledge of the intoxicant, had the right to do with it what you wanted at any time and that it was yours or partially yours. The issue of your incident occurring in a different township that was not the township that the arresting officer has enforcement powers is a little more complicated. The short answer is that it could be a defense for you.

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