IS OPEN CONTAINER A DUI PROBATION VIOLATION? ALSOI THEY CHANGED MY COURT DATE TO A LATER DATE THAN EVERYONE ELSE IS THIS A SETUP? IM NOT GUILTY. HELP!

I was picking up a friend at a party in a public parking lot. It was on the top of the parking lot. when I got there, a bit after everyone began to RUN yelling “the cops are coming” I hadnt been drinking, Ive had a dui BEFORE and fixed, payed, and DID everything, I didnt think I had anythng to fear so i didnt run. The COPS gave everyone in my car an SAME ticket. No one was drunk nor did they posses any open containers, but there were cans on the floor due to the party. CAN I USE THEM AS WITNESES, DATS THE ONLY DEFENSE I CAN THINK OF. IF MY FRIENDS SAY GUILTY CAN THEY USE DAT AGAINST ME?

Asked on June 29, 2009 under Criminal Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you had empty beer cans on the floor of the car, somebody was drinking in the car.  If somebody was drinking in the car, there was an open container in the car.

I'm not a California attorney but I'd be very surprised if an open container charge was not a violation of your DUI probation.  I'm pretty sure if you read the probation conditions in your paperwork, it will be clear to you.

IF you really weren't drinking -- and if nobody was drinking in your car -- you need a lawyer.  One place to find an attorney is our website, http://attorneypages.com


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