5.30Transporting or Possessing Open Alcohol in a Vehicle

A.Statutory Authority

“[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 [Michigan].” MCL 257.624a(1).

However, “[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 [Michigan], 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.” MCL 257.624a(2).

Further, “[e]xcept as otherwise provided in MCL 257.624a, unless prohibited by local ordinance, [MCL 257.624a(1)-(2)] do not apply to a passenger in a commercial quadricycle. A passenger in a commercial quadricycle shall not transport or possess alcoholic liquor other than beer, wine, spirits, or a mixed spirits drink.” MCL 257.624a(5).

B.Penalties

MCL 257.901(2) provides for:

•imprisonment for not more than 90 days; or

•fine of not more than $100; or

•both.

“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 [MCL 436.1703(1)].” MCL 257.624a(3).

C.Sanctions

Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. The Offense Code Index for Traffic Violations is available at: http://www.michigan.gov/documents/OffenseCode_73877_7.pdf. See Section 1.41 for more information on abstracting procedures.

•Two points. See MCL 257.320a(1)(s); MCL 257.732(1)(a). See Section 1.42 for more information on points.

•License denial mandatory for unlicensed violation; license suspension for 90 days required for prior conviction; license suspension for one year required for two or more prior convictions. See MCL 257.303(1)(k); MCL 257.319(7). A restricted license may be issued. See MCL 257.319(7). See Section 1.44 for more information on license denial and Section 1.46 for more information on license suspension.

D.Issues

•Guilty/Nolo Contendere Pleas

“A court shall not accept a plea of guilty or nolo contendere for a violation of [MCL 257.624a] from a person charged solely with a violation of [MCL 257.625(6)¹].” MCL 257.624a(3).

•Definition of Vehicle

A personal electric scooter qualifies as a vehicle under MCL 257.624a because the scooter is “a device upon which a person [is] transported upon a highway.” People v Lyon (William), 310 Mich App 515, 516-517, 520 (2015) (the defendant was driving the scooter “along the paved portion of the ‘curb lane’” and “weaving into the traffic lane” on a public highway while “holding an open can of beer[]”). The Court noted that “the definition of ‘vehicle,’ the term actually used in MCL 257.624a . . ., is much more inclusive than the definition of ‘motor vehicle[.]’” Lyon (William), 310 Mich App at 519. “[T]he MVC govern[s a] defendant’s conduct when he [or she] use[s a] scooter as a vehicle upon a highway[]” and thereby undertakes “the duties of a vehicle driver, which include refraining from driving . . . with an open container.” Id. at 521.