rdonkey3129
New Member
Hi,
I'm new to this forum and I'm writing b/c I got an open container violation last tonight during a graduation party. I took a cup containing a drink into a friend's car and we were pulled over. The officer wrote me a citation for $295.50. I was wondering if I should go to court for this violation for a few reasons. The law reads:
SECTION 61-4-110. Open containers in motor vehicle.
It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, beer or wine in an open container in a motor vehicle of any kind while located upon the public highways or highway rights of way of this State. This section must not be construed to prohibit the transporting of beer or wine in a closed container, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
For purposes of this section, beer or wine means any beer or wine containing one-half of one percent or more of alcohol by volume.
Should I go to the trial and get my fine down to $100 or could I face jail time. Also, since I had a glass cup and the officer didn't brethalyze me nor smell the drink to make sure it contained alcohol can I argue that I just took the cup out of the bar and that it didn't contain the "one-half of one percent or more of alcohol by volume?" I really need some solid legal advice here b/c I can't have this charge on my record as I am applying to law school within the next year. Any help would be appreciated. Thank you.
I'm new to this forum and I'm writing b/c I got an open container violation last tonight during a graduation party. I took a cup containing a drink into a friend's car and we were pulled over. The officer wrote me a citation for $295.50. I was wondering if I should go to court for this violation for a few reasons. The law reads:
SECTION 61-4-110. Open containers in motor vehicle.
It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, beer or wine in an open container in a motor vehicle of any kind while located upon the public highways or highway rights of way of this State. This section must not be construed to prohibit the transporting of beer or wine in a closed container, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
For purposes of this section, beer or wine means any beer or wine containing one-half of one percent or more of alcohol by volume.
Should I go to the trial and get my fine down to $100 or could I face jail time. Also, since I had a glass cup and the officer didn't brethalyze me nor smell the drink to make sure it contained alcohol can I argue that I just took the cup out of the bar and that it didn't contain the "one-half of one percent or more of alcohol by volume?" I really need some solid legal advice here b/c I can't have this charge on my record as I am applying to law school within the next year. Any help would be appreciated. Thank you.
