What to do about an open container ticket?

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What to do about an open container ticket?

I received an open container ticket because someone in the back seat was drinking but this happened while the car was parked in a parking lot. I am under 21 but only got charged for the open container; the person who was drinking it was above 21. The officer did a test on me and I passed. What will happen?

Asked on April 4, 2012 under General Practice, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to get an attorney as soon as you can.  Different municipalities in California have differnt regulations regarding alcohol.  However,iIf you are under the age of 21, California has a zero tolerance law which will result in a one year license suspension for either having an open container or under Vehicle Code section 23136, having .01% blood alcohol or greater if you are convicted.  It is the DMV administrative per se hearing, not the court action, which causes the license suspension.   Get help.


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