Can a ticket for an open container in a vehicle be fought?

UPDATED: Jul 12, 2011

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UPDATED: Jul 12, 2011Fact Checked

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Can a ticket for an open container in a vehicle be fought?

My 19 year old son was a passenger in the back seat of a car. His 21 yr old friend was another passenger and the driver was a friend of this mans. The driver is 27 years old, on probation, and was driving on a suspended license. The 2 men in the front had open containers. All 3 men were ticketed for open containers. My son was given a sobriety test and the officer told him he was driving home because he had not been drinking.

Asked on July 12, 2011 under General Practice, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, a citation for an open container of alcohol can be constested in court by the one charged with the crime. The issue in the end is how successful will the opposition be given the facts you presented. The driver was on probation and was driving a motor vehicle on a suspended license. The other passenger has an open container and you have the police report of the arresting officer and his anticipated testimony at trial.

Your son had an open container in a motor vehicle. Presumably all three individuals in the vehicle had traces of alcohol in their system. Alcohol affects one's ability to recall events. The odds in this case in successfully contesting the open container of alcohol charge seems to be against your son and his passengers.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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