Fighting an Open Container Charge

Did you know that it is possible to fight an open container charge? In fact, it's often easier to fight an open container ticket than it is to fight a DUI or a DWI. There are a few points to consider in your case, outlined below.

While police are available to protect and serve, they don't always know the exact letter of every law when they are faced with a situation in which there is a possibility of wrongdoing. Most just want to do a good job of keeping the public safe.

If you have been issued a ticket for open container, an experienced attorney can often quickly identify if there is even a valid reason for the ticket. Other cases might not so be easily defined, but would certainly be argued.

Having a ticket for open container, especially if it comes with other tickets and charges, can cause serious personal consequences:

  • Fines
  • License Points
  • Skyrocketing Auto Insurance
  • Public Record
  • Jail
  • Denied Employment Opportunities

For these (and many more) reasons, consulting with experienced lawyers who have defended these cases in the past to build a solid defense is very important. Especially because your future could be affected for years to come, there is much at stake and shouldn't be left to chance. Here are just a few reasons that you could have the charge dismissed:

  • The container was in the living area of a motorhome.
  • You were a passenger riding in the truck bed with an open container.
  • You were driving a limo and were not drinking and had no alcohol in your system.
  • You were a passenger in the back of a limo and drinking.
  • You were driving a golf cart, not on the road, with a beer in your hand.

It may be easier to fight those charges and have them dropped, especially if there are no additional violations. However, there are other reasons you may have been charged and could be dropped or reduced:

  • You were the designated driver and were not drinking, but empty containers were in the vehicle with your drinking passengers.
  • You unwittingly picked up friends who had been drinking and you had no knowledge of it and had not been drinking.
  • You were a passenger in a car in which you had no knowledge of open containers aboard.
  • You had not been drinking but an officer spotted a disposable red cup in the back and it smelled like it had contained alcohol.
  • An officer saw an open container in your registered vehicle but you were not in the vehicle.
  • You are on your way to a recycling center with empty glass bottles of alcohol in the passenger area.

There is one area in particular in which you need expert legal advice: You are simultaneously charged with DUI/DWI. In any and all of the above cases, an experienced open container attorney can represent you in court and have the best possible chance for charges to be reduced or dropped. Due to the potential consequences of the charges you received, it's important to have expert defense to stand with you.

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