What is the best thing to do about an open container ticket?

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What is the best thing to do about an open container ticket?

I got stopped because I had a soda bottle. I got charged with 36-3 open container and 25662(a) . I’m 18 and I hadn’t anything to drink. What would you recommend the best thing to do? And if possible, would you know how much they charge for this and would it stay on my record? Am I going to have my license suspended?

Asked on November 2, 2010 under Criminal Law, California

Answers:

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

Answered 11 years ago | Contributor

You wrote this under DUI.  No one gets stopped and ticketed for an open soda bottle.  Was there anything in the soda bottle other than soda?  I think that you need to consult with an attorney in your area on this matter.  If the evidence is clear that this is a DUI case then yes, your license could indeed be suspended if you were operating a motor vehicle.   The laws in each of the states have become very strict on drinking and driving and the penalties for same have become harsher and harsher.  But you do not state that you were charged with DUI so the facts need to be determined by more probing and that could only be done in person. Get help.  Good luck.   


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