Troy Michigan City Criminal Offenses – Alcohol (Non Driving)

The following are misdemeanor alcohol offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances.  The numbers listed below are from the Troy Criminal Code:

98.10.01  Public Intoxication.   No person shall be intoxicated in a public place and endanger another person or property or act in a manner that causes a public disturbance.  A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

98.10.02  Consume Alcohol in Public  No alcoholic liquor shall be consumed in a public place, unless the public place possesses a Michigan Liquor Control Commission license for the premises.   A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

98.10.03  Under 21- Purchase, Consume or Possess Alcohol.  A person less than 21 years of age shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, or possess or attempt to possess alcoholic liquor.  A person who violates this section is guilty of a misdemeanor punishable as follows:

a.  For the first violation a fine of not more than $100, and the court may order all applicable sanctions and programs provided in the State of Michigan minor in possession of alcohol statutes.

b.  For a second violation of this section or a local ordinance or state law which substantially corresponds to this section a fine of not more than $200 and the court may order all applicable sanctions and programs provided in the State of Michigan minor in possession of alcohol statutes.

c.  For a third or subsequent violation of this section or a local ordinance or state law which substantially corresponds to this section a fine of not more than $500 and the court may order all applicable sanctions and programs provided in the State of Michigan minor in possession of alcohol statutes.

Probation, alcohol screening, and community service are also sanctions available to the Court.

A police officer who has reasonable cause to believe a person less than 21 years of age has consumed alcoholic liquor may request the person to submit to a preliminary chemical breath analysis.  A place officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.  The results of a preliminary chemical breath analysis or other acceptable blood test are admissible in a criminal prosecution to determine whether the minor has consumed or possessed alcoholic liquor.

A police officer who witnesses a violation of this ordinance may stop and detain the person for purposes of obtaining satisfactory identification, seizing illegally possessed liquor, and issuing an appearance ticket.

This section does not prohibit a person less than 21 years of age from possessing alcoholic liquor where permitted by state law.

98.10.04  Under 21 – PBT Refusal – Deleated.

98.10.05  Person Under 21 – Transport Alcohol in Motor Vehicle.  No person under 21 years of age shall not knowingly transport or possess alcoholic liquor in a motor vehicle, unless authorized by law.  A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.  2 points are added to the person’s driving record.  The Court is free to place the person on probation, order alcohol screening, community service hours, and may impound the vehicle for up to 30 days.

98.10.06  Furnish or Sell Alcohol to Person Under 21.  No person shall willfully give, furnish or sell alcoholic liquor to any person under the age of 21, except pursuant to a prescription from a licensed physician.  Except as set forth in Section 98.10.14 a person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

98.10.07  Furnish False ID.  No person shall furnish identification to any person under the age of 21 where the person knows or should know that the identification is to be used for fraudulent purposes.  A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.

98.10.08  Use of False ID.  No person shall use fraudulent identification to purchase or attempt to purchase alcoholic liquor.  A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.  The secretary of state will suspend the person’s driver’s license for 90 days.

98.10.09  Purchase Alcohol by Intoxicated Person.  No person who is intoxicated or impaired by alcohol or drugs shall purchase or solicit any other person to purchase alcoholic liquor on his or her behalf.  A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

98.10.10  Sell Alcohol to Intoxicated Person.  No person employed by, or any agent or owner of, any business or establishment that sells, serves, distributes, or gives away alcoholic liquor, shall sell, serve, furnish, or gives away alcoholic liquor to any visibly intoxicated person.  A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

98.10.11  Fail to Inquire as to Age.  No person shall sell or furnish alcoholic liquor to any person less than 21 years of age and no person shall fail to make diligent inquiry as to whether a person attempting to obtain alcoholic liquor is less than 21 years of age.  Except as set forth in Section 98.10.14,  a person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.

98.10.12  Bring Alcohol into Licensed Liquor Establishment.  No person other than the owner, licensee or agent of a licensed liquor establishment, shall bring any alcoholic liquor into any establishment licensed to sell alcoholic liquor.  A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

98.10.013  Display of Alcohol.  No person shall display spirits containing an alcoholic content of over 21 percent by volume, in an area that is open to persons under the age of 21.  Such displays shall be behind a counter or similar fixture.  A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

98.10.14  Furnishing Sale to Persons Under 21 and/or Failure to Inquire as to Age During Enforcement Action.  If an employee, clerk, or agent of an establishment that has been issued a license to sell or serve alcoholic liquor by the Michigan Liquor Control Commission violates either Section 98.10.06 or 98.10.11, and those violations result from an undercover operation in which the minor is under the direction of the Troy Police Department as part of an enforcement action, then that employee. clerk, or agent is responsible for a Civil Infraction and may be ordered to pay a civil fine of not more than $100.

According to Troy Criminal Code 98.01.02.1 “Alcoholic liquor” includes any spirituous, vinous, malt, or fermented liquor, liquids, and compounds, whether or not medicated, propriety, patented, and by whatever named called, containing 1/2 of 1% or more of alcohol by volume, which are fit for use for beverage purposes.

According to Troy Criminal Code 98.01.03, in addition to the penalties provided above, the court may impose any sanction or remedial measure provided in state law for misdemeanor offenses.

A person who aids, abets, counsels, commands, or procures the commission of the above offenses shall be punished as if that person were the principal.  A principal is a person who commits any of the above listed offenses.  The word “person” includes any individual, co-partnership, corporation, association, club, joint venture, estate, trust, and any other group or combination acting as a unit, and the individuals constituting such group or unit.

When charged with an offense related to alcohol in Troy, Michigan it is important to hire an experienced local criminal lawyer to assist you.  An experienced criminal lawyer may be able to help you avoid a criminal conviction and a harsh result, depending upon the circumstances of your case.

 

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