Were you charged with misdemeanor of open intoxication after drinking in a vehicle? Even having an open beverage in the vehicle is sufficient in some circumstances to run a foul of MCL 257.624a. For example, you may not have an “open” (but recorked) bottle of wine in the passenger compartment of your car unless it has no trunk and is not within easy access of any occupants. If you have been charged with this demeanor, it is a serious crime with serious ramifications. You may be assessed high court fines, incarcerated, and will have a permanent criminal record. An experienced attorney may be able to question the validity of the stop and search. Further, through negotiations with the Prosecutor or City attorney we can try to negotiate a modification, reduction, or dismissal of charges. At Garmo & Kiste, PLC we frequent Metro Detroit court’s and have experience with the attorneys and judges assigned to your case. Our goal is to get you sentenced pursuant to a diversionary program whereby after completing a period of probation or other court terms such as community service the crime will be removed from your record. Michigan Open Container Charges? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
257.624a Transportation or possession of alcoholic liquor in container open or uncapped or upon which seal broken; violation as misdemeanor; exception.
Sec. 624a.
(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 compartment of a vehicle upon a highway, or within the passenger compartment 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 compartment 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 compartment, the container is enclosed or encased, and the container is not readily accessible to the occupants of the vehicle.
(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).
(4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.
Have you or someone you know been charged with the misdemeanor of use of “stolen license plates”? Even if you were just borrowing the plates, you are facing a serious crime and need an experienced attorney to attempt to negotiate a deal with the prosecutor. By getting the charges reduced, modified, or dismissed you can avoid paying high court costs, going to jail, and a permanent criminal record. Stolen Plates Charges? MCL 257.256 To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
257.256 Unlawful lending or use of certificate of title, registration certificate, registration plate, special plate, or permit; unlawful carrying or display of registration certificate or plate; violation as misdemeanor; penalty; unlawful display of registration plate on commercial vehicle.
Sec. 256.
(1) A person shall not lend to another person, or knowingly permit the use of, any certificate of title, registration certificate, registration plate, special plate, or permit issued to him or her if the person receiving or using the certificate of title, registration certificate, registration plate, special plate, or permit would not be entitled to the use thereof. A person shall not carry or display upon a vehicle any registration certificate or registration plate not issued for the vehicle or not otherwise lawfully used under this act.
(2) Except as otherwise provided in this section, a person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or by a fine of not more than $100.00, or both.
(3) A person who displays upon a commercial vehicle which is required to be registered according to the schedule of elected gross vehicle weights under section 801(1)(k) any registration plate not issued for the vehicle or not otherwise lawfully used under this act is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or by a fine of not more than $500.00, or both.
Have you been charged as a disorderly person or with disorderly conduct? In Michigan there is a broad spectrum of behavior that counts as such. “Common Prostitutes,” “peeping toms,” and persons who fail to support their family are all considered disorderly under the Michigan statute. There are also local ordinances that may cover disorderly persons. One specific type of conduct you may be unaware of is “disorderly fighting” or the kind of rough jostling that may take place at a concert or public rally. If you have been charged as a disorderly person, either under “disorderly fighting” or another subsection, it is important to retain an experienced attorney to keep this off your record, avoid you paying high court fines, or even going to jail. At Garmo & Kiste, PLC our attorneys have developed relationships with local Prosecutors and City attorneys and can try to negotiate a better deal for you. Disorderly Person Disorderly Conduct Charges? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
750.167 “Disorderly person” defined; subsequent violations by person convicted of refusing or neglecting to support family.
Sec. 167.
(1) A person is a disorderly person if the person is any of the following:
- A person who is found jostling or roughly crowding people unnecessarily in a public place.
(2) When a person, who has been convicted of refusing or neglecting to support his or her family under this section, is then charged with subsequent violations within a period of 2 years, that person shall be prosecuted as a second offender, or third and subsequent offender, as provided in section 168, if the family of that person is then receiving public relief or support.
If you have been cited with railroad trespassing, you are facing a misdemeanor charge that is punishable by up to 30 days in jail and or a $100.00 fine. While this is not the longest period of incarceration or highest fine, it is still a misdemeanor and will appear on your criminal record forever. This will show up on background checks for employment and could be the difference between getting a job or not in a competitive market. An experienced attorney can negotiate with the prosecutor or city attorney to get this misdemeanor reduced, modified, or even dismissed. If all else fails your attorney can request sentencing be made pursuant to a diversionary program whereby your charge will come off your record once you have completed the courts term of probation or other terms satisfactorily. Charged with Railroad Trespassing 462.273? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
462.273 Walking, riding, driving, or being upon or along right-of-way or yard; permission required; “right-of-way” defined; being upon, entering, or damaging buildings, rolling stock, or equipment; applicability of section; violation as misdemeanor; penalty.
Sec. 273.
(1) Except in the case of a right-of-way designated as a demonstration snowmobile trail in section 82126 of part 821 (snowmobiles) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.82126 of the Michigan Compiled Laws, a person shall not walk, ride, drive, or be upon or along the right-of-way or yard of a railroad company operating its lines within this state, or go upon or cross the right-of-way or yard at a place other than a public or private crossing, unless having first obtained written permission from the owner or occupant railroad, its agent or servant.
(2) For purposes of this section, “right-of-way” means the track or roadbed owned by a railroad and that property owned by a railroad which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing, the existence of railroad tracks, or appropriate signs.
(3) A person shall not be upon, enter, or damage any buildings, rolling stock, or equipment of any railway company operating its lines within this state.
(4) This section shall not apply to any of the following:
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Passengers on trains or employees of a railroad company while engaged in the performance of the duties of their employment.
- An authorized representative of the railroad employees.
- A person going upon the right-of-way or tracks to save human life or to protect property.
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A person going or being upon or in the station grounds or depot of the railroad company as a passenger or for the purpose of transacting business with the railroad company.
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A person, members of his or her family, or his or her employees going upon the right-of-way or tracks for the purpose of crossing from 1 part to another of a farm he or she may own or lease, where the farm lies on both sides of the right-of-way.
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A person having written permission to go upon the right-of-way or tracks granted by the railroad company, a person using officially abandoned rights-of-way for recreational purposes, the Michigan public service commission, the state transportation department, the interstate commerce commission, or the federal railroad administration.
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A registered land surveyor or his or her employees for the purpose of making land surveys.
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(5) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 30 days, or by a fine of not more than $100.00, or both.
Michigan has a series of laws preventing impersonation. These include a prohibition on impersonating a peace officer, and prohibition on disguising oneself with the intent to obstruct the law. The intent is critical, you cannot get in trouble for dressing up on Halloween. However, if you in any way disguise yourself and try to tell a police officer you are someone you’re not, that is where this law comes into play. If you are charged under MCL 750.217 you are facing a serious misdemeanor charge, and high fees. It is important that you retain an experienced attorney on this matter to negotiate with the Prosecutor or City Attorney to try to get these charges reduced, modified, or dismissed.
Charged with Obstructing by Disguise?
To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
If you are driving a personal vehicle and you refuse to submit to a PBT it is only a civil infraction. However, it is much more serious if you are driving a commercial vehicle. Refusal of a Preliminary Breath Test (PBT) in a commercial vehicle is a 93-day misdemeanor and or a fine of up to $1,000.00. This is before the Secretary of State imposes its licensing restrictions. In order to keep you out of jail, save you money, and preserve your livelihood it is imperative to retain an experienced attorney. An experienced attorney can investigate the cause for the stop and preliminary breath test. Through negotiation with Prosecutors or the City Attorney assigned to your case, we can attempt to get the charges reduced, modified, and/or dismissed. Additionally we can attempt to get you sentenced pursuant to a diversionary program so that once you have completed a term of probation or other court terms the charge will be removed from your record. We can ever represent you in a Driver’s License Restoration hearing for the Secretary of State.
Charged with Commercial Driver CDL Refusal to Submit to PBT Michigan? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
Sexual conduct in a motor vehicle is generally charged under MCL 750.335. It can also be cited as reckless driving though with other results. The statewide law against public lewdness is a misdemeanor and if convicted, it will be on your record forever. In order to prevent this it is best to hire an experienced attorney to try to reduce, modify, or get the charges dismissed. The best way to do this is through negotiation with the City Attorney or Prosecutor. As a final resort the Judge may be convinced to take your sentence under advisement, whereby it would be dismissed after completing the terms required such as a term of probation. Charged with Sexual Conduct in a Motor Vehicle Michigan? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
If a neighbor or community member signs a complaint to the police stating that your dog is participating in illegal behavior you may be summoned to a show cause hearing. At this hearing you are required to “show cause” why this is not true, or the dog may be put down or confined to your property. These forbidden activities include: running at large unaccompanied by owner, hunting out of control and without a license, destroying property or habitual damage by trespass to property not its owners, attacking or bitten a person, demonstrable vicious habits, or molesting a person who is lawfully on the public highway. Several local communities, such as Sterling Heights, aggressively prosecute these matters. The full text of the statute is below. If you have been summoned pursuant to MCL 287.286(a) an experienced attorney can help you prepare the items of your defense. It is important that you follow court procedures and adequately “show cause” why this is not the case to avoid a bad result. At Garmo & Kiste our attorneys have experience handling these matters and know what types of cause the court is looking for.
Charged with Dog at Large Michigan? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
287.286a Sworn complaint; contents; issuance of summons; hearing; order; penalty for disobedience; costs; audit and payment of claims.
Sec. 26a.
(1) A district court magistrate or the district or common pleas court shall issue a summons similar to the summons provided for in section 20 to show cause why a dog should not be killed, upon a sworn complaint that any of the following exist:
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After January 10 and before June 15 in each year a dog over 6 months old is running at large unaccompanied by its owner or is engaged in lawful hunting and is not under the reasonable control of its owner without a license attached to the collar of the dog.
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A dog, licensed or unlicensed, has destroyed property or habitually causes damage by trespassing on the property of a person who is not the owner.
- A dog, licensed or unlicensed, has attacked or bitten a person.
- A dog has shown vicious habits or has molested a person when lawfully on the public highway.
- A dog duly licensed and wearing a license tag has run at large contrary to this act.
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(2) After a hearing the district court magistrate or the district or common pleas court may either order the dog killed, or confined to the premises of the owner. If the owner disobeys this order the owner may be punished under section 26. Costs as in a civil case shall be taxed against the owner of the dog, and collected by the county. The county board of commissioners shall audit and pay claims for services of officers rendered pursuant to this section, unless the claims are paid by the owner of the dog.
In Michigan it is illegal to provide alcohol to a minor. This duty is incumbent upon servers and bartenders in restaurants, older friends of minors, and even parents. The law requires a diligent search to determine the age of a person you are furnishing alcohol to. Law enforcement may even use sting operations to determine if an establishment is fulfilling their duty. If you have been charged under MCL 436.1701 you may be charged with a misdemeanor or even a felony depending on the severity of the crime. Especially if the minor went on to injure themselves or others after consuming the alcohol, you may end up facing a hefty jail sentence and serious fines.
Charged with Hosting Teenage Drinking Parties Furnishing Alcohol to a Minor Michigan? At Garmo & Kiste, PLC we have helped clients in this situation get these charges modified, reduced, or even dismissed. We can evaluate whether you are eligible for any sentencing diversions which would end up dismissing your charge after successfully completing the Court’s terms. To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
