Alcohol & Drugs: MIP, MIC, Intoxication Open Intoxicant. Evanston, IL.

[morgarc]

I recently received an open intoxicant citation in Evanston, IL. I am from Michigan and live 4 hours away so the possibility of me attending the hearing is slim. I can have someone appear for me, which is what I will probably do.

Does anyone know the punishment for this particular incident? When I spoke to the officer he stated that it was not a criminal action and would not go on my record. I am a 29 year old, married, father of 2 that was simply unaware of the rules in Evanston while at a football game. Should I write a letter for the court as well? Any and all advice would be appreciated.

On the citation, the police officer also wrote that he saw what was in my can and that he smelled it. It was after 7pm and was dark. He didn't look at the can with a flash light and while he was writing the citation he informed me that I could drink the rest of it while I stood there as it was going to take a while, so he never smelled it either. I have a witness to this statement, does this make a difference?

 

[raskalnikov]

If the ticket is checked civil infraction I'd advise you simply pay the fine. It's not like a speeding ticket where your insurance goes up, etc.

Spartan fan, eh? It was a good game, at least.

 

[morgarc]

Yeah, it was a good game. Thanks.

I am having a friend of mine, luckily he just passed the bar in Illinois, go on my behalf. Would this affect the amount of the fine? Meaning, if I go myself am I more likely to have a lesser fine? Also, the hearings department stated that it was a minimum of $500, is that a bit extreme or is that common?

 

[raskalnikov]

I'm unfamiliar with Illinois. As far as Evanston goes, I know it is where much of the temperance movement started, not really any bars there, near impossible to get liquor easily, etc. So, that may be why the amount is so incredibly high. I know that I've never heard of a $500 civil infraction, however.

do you still have the ticket? Make sure he didn't check misdemeanor.

. . . that's one expensive beer you had. I hope it was something good. Maybe a nice pale ale or some Oberon. . .

 

[morgarc]

Unfortunately it was only a Miller Lite!

I just spoke to the hearings division and they said that it is not a misdemeanor and that they are a "fine only" court. She did recommend that I come in person. So I just need to figure out if it is worth a 9 hour round trip and a day off of work. It would cost me over $60 in gas and a day's pay and I don't know if they would even knock off any of the fine.

 

[raskalnikov]

Wow.

Not only is it a 9 hour trip, who knows how long it will take for court proceedings! Plus depreciation of your car. . . and whatever you make in a day. . . did you ask if someone could stand in for you (your lawyer friend)?

Thanks for this post. I'm considering moving to Evanston. Now I know to be mindful of even the slightest infraction. . .

I live in East Lansing now, though. I notice that the speeding ticket fines, etc. are skyrocketing, and people are getting blanketed with MIPs.