One of the most common criminal charges that people get when going to a University of Michigan Football game or sporting event is being caught with open intoxicants on public property. This charge is also known as open intox. So how do people usually get in trouble for this crime?
Here are the top 3 mistakes that lead to Open Intox charges in Ann Arbor, Michigan
- The first way is traveling from one tailgate to another with an open container. If you are carrying a solo cup, bottle of beer whether its brown bagged or not, liquor bottle, and you decide to go to a different tailgate, then leave the drink at the current tailgate and get a new drink when you get to another one. If you bring those drinks with you, there is a big chance you will eventually walk onto public property such as the sidewalk or the street. If the police see you, then they will stop you and issue you a criminal charge.
- The next way people get in trouble is that they drink on the streets because they are 21. This is not legal. Being 21 allows you to drink alcohol legally, but that doesn’t mean you can drink on public property. If you have even one foot on a the sidewalk while holding an alcoholic beverage, then that is enough for the police to charge you with Open Intox in Ann Arbor on game day.
- The third way that people get in trouble for Open Intox in Ann Arbor is not paying attention to where they tailgate and drink. Many times this is because the person had too much to drink. If you aren’t paying attention, it is easy to walk onto the sidewalk or street. Sometimes people forget they are carrying a drink until they are stopped by the police.
Here is another great article that speaks about Open Intox in Ann Arbor: https://hermanowskilaw.com/open-intox-ann-arbor/
Here is the actual Ann Arbor City Code Section 9:75: https://library.municode.com/mi/ann_arbor/codes/code_of_ordinances?nodeId=TITIXPORE_CH109LI_9_75COPU
And Ann Arbor City Code Section 9:80: https://library.municode.com/mi/ann_arbor/codes/code_of_ordinances?nodeId=TITIXPORE_CH109LI_9_80POPUST
If you or someone you know is arrested or ticketed while in Ann Arbor on a Football Saturday, call me for a free consultation at (734) 887-6079. I am in the Ann Arbor and Washtenaw County courts on a weekly basis and understand how help clients with their legal issues. I’ve handled hundreds of these cases between my work with UofM SLS and Hermanowski Law. It is not unusual for me to be in the 15th District Court three to four times a week. Be cautious about using an out of town attorney, they may not be aware of how the prosecutors or courts work in Ann Arbor. Also be careful about attorneys that scare you into hiring them.
*If you are a University of Michigan student, call Student Legal Services for no-cost representation. They are in the 15th District Court more than anyone in the County and have decades of experience. Here is their link: https://studentlegalservices.umich.edu/