I had too much to drink one night and asked a family member to drive me to meet my husband. That person brought along two frozen beers as well, one for himself and one for my husband. Along the way, one of the cans burst open. I was trying to clean up the mess when we were pulled over. The driver was arrested on previous warrants, but not charged for the open beer. I told the officers that I had been drinking, and they took me to the station to arrange transportation. I was not booked or charged with anything, simply waited in the lobby until the busses started running. I was there for about four hours. A week or so later, I was mailed a ticket for open containers, and the officer wrote that I'd "left the scene". It wasn't my car or my beer (I don't even drink beer--never have). How can I be charged, given these circumstances? Futhermore, how can I fight it?
2007-11-25 17:55:55 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Were you in a car with an open container of alcohol? If the answer is yes than you can be charged. And you told the cop you had been drinking, you didn't tell him what. Fight it but be prepared to spend $$$
2007-11-25 18:00:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I had a friend who got an MIP (minor in position) and when she went to fight the charges, the officer never showed up and the judge let her off because the officer wasn't there to defend his self. The thing is you can fight it because you didn't leave the sence because you waited at the police station for the bus. I'd totally fight it because if you lose you still pay the same amount of money for the ticket and if you win then you don't have to pay anything! Also when my friend fought her MIP she didn't need a lawyer she just talked to the judge. It's only a misdemeanor not a felony if you get charged for it you could lose your license for a year but you can get a provisional license to go to work.
2007-11-25 18:08:18 · answer #2 · answered by adsklfjadlgj 2 · 0⤊ 0⤋
In Missouri (my state, no idea where you are from), there is no statewide ban on open containers for passengers.
However, local governments can enact ordnances against it. And several do, including the two largest cities in the state. So, yes, you can get charged with open container if you are the passenger.
It is very easy to fight it. Simply go to court and explain the circumstances to the judge. He will either believe you or he won't.
2007-11-25 18:24:58 · answer #3 · answered by Kenneth C 6 · 0⤊ 0⤋
Hi there! If I were you I would go to court with a lawyer if you can. Once you explain the situation to a lawyer he should fight your case. Especially if the officer drove you to the police dept to get another ride home. I would definitely fight this in court.
2007-11-25 18:02:43 · answer #4 · answered by ncgirliegirl 1 · 0⤊ 0⤋
THE OPEN CONTAINER LAW WAS CHANGED ABOUT 1989. UP TO THAT TIME ONLY A DRIVER WAS NOT ALLOWED TO HAVE AN OPEN CONTAINER.
THE LAW CHANGED BECAUSE OF THE LOOP HOLE THAT WHEN PULLED OVER ALL CANS OR BOTTLES WENT TO THE PASSENGERS THUS AVOIDING LEGAL PROSECUTION.
2007-11-25 18:20:19 · answer #5 · answered by ahsoasho2u2 7 · 0⤊ 0⤋