Should I try to ask for leniency from the judgefor a firstoffense?

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Should I try to ask for leniency from the judgefor a firstoffense?

On way to a bar entrance, I put on the ground a bottle of lemonade mixed with 1 shot of vodka. Right away, a policeman put handcuffs on me and pulled me into the squad car. In the car he asked if that bottle contained any alcohol and if so what kind. I responded that it contained a small amount of vodka. He then gave me a ticket for possession of an open container and let me go. Nowhere in this process did he pick up the bottle or taste it, and the bottle was left on the street. He did not see me drink from the bottle. Was there even enough alcohol in the jar to be considered to be an OC violation?

Asked on January 6, 2012 under Criminal Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, unless the container was taken into evidence by the police officer and is held in an evidence locker, the district attorney's office will have a hard time proving that you had an open container of alcohol in public. Just because you stated there was alcohol in the container does not mean there was alcohol in the container.

Read the ticket carefully to see if there is any admissions by you referenced.

From what you have written, you decide what you want to plea to at your arraignment, guilty, not guilty, or no contest. Perhaps you might wish to consult with a criminal defense attorney about the ticket before your court appearance?


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