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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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