Aggressive Criminal Defense

Michigan Bottle Return Scam Results in Felony Charges

Returning bottles for change is not something that every state supports. In fact, Michigan is only one of ten states in the U.S. where it’s possible to take your empty cans from carbonated beverages and beer bottles back to the store for a little extra spending money. Which is great, right? Not for everyone, as it turns out. For 44-year-old Brian Edward Everidge of Columbiaville, taking bottle returns back has resulted in felony charges. Columbiaville is a small town in Genesee County, Michigan.

 

It all started when Everidge was pulled over by a Michigan State Police motor carrier, who stopped him for speeding at about 10 pm on April 27th. While conversing with Everidge, the officer noticed that he had a substantial number of empty bottles in his vehicle, and decided to investigate.

 

Michigan has the highest refund value on returnable bottles

As it turns out, Everidge had about 10,000 non-returnable bottles from other states that he intended to return here in Michigan. If you are wondering why Everidge would attempt to return non-returnable bottles here in Michigan as opposed to in Ohio, New York or Indiana, the answer is simple: Michigan has the highest refund value on returnable bottles. Bottles and cans are sometimes accumulated in states that are close to Michigan if those states have no deposit on their cans and bottles. They are then transported into Michigan by people like Everidge, to collect the $.10 deposit that is required in Michigan.

 

In accordance with Michigan’s Beverage Containers Act, no one is allowed to return, or attempt to return, a beverage container to a dealer that they know was not purchased in Michigan as a returnable container. For this reason, what Everidge did was considered to be an attempt to run a scam.

 

Under Michigan law, anyone attempting to return 10,000 or more non returnable beverage containers can be charged with a felony. Everidge was arrested and charged with violating Michigan’s Beverage Containers Act, which is punishable by up to five years in prison, with possible fines of up to $5,000.

 

Everidge, who is a resident of Genesee County, was arraigned in the Livingston County’s 53rd District Court, where his bail was set at $5,000. Jail records show that he has since posted bail and is now free. His preliminary exam conference is scheduled for June 22nd, and the preliminary examination is scheduled for June 29th.

 

Although this may seem like a strange thing to get arrested and charged for, and many people would claim that they had no idea this was even illegal, ignorance of the law is not considered to be a viable defense. If you have been arrested for something that you didn’t know was against the law, contact our experienced criminal defense attorneys immediately. We can help you during this confusing and stressful time.

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