I have been charged with an open container charge in NC. I was wondering do I really need a lawyer or is there a fine I could just pay off?
Question Details: Also, if there is a fine associated with it will it go on my record? Is there anyway I could get the charge expunged?
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My understanding of North Carolina law is that with regard to an open container, the penalty for a violation under G.S. 20-138.7 (A1) is considered an infraction and under G.S. 20-176, an infraction is punishable by a fine of not more than $100.00 and therefore, not a criminal offense. As such it will not leave you with a criminal record.
Additionally, an open container charge does not qualify, as a moving violation therefore, there will be no driving point added to you record.
Of course it's always best to confirm this with an attorney licensed in your area.
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