Whatever the case, receiving a charge for having an open alcohol container in your vehicle in Georgetown or elsewhere in Texas can be a confusing time that may result in hefty fines and a criminal record if you are convicted. Just having an open alcohol container in your vehicle is enough for you to receive a charge. How to get an open container ticket dismissed in texas free. A "runner's bottle" or some other kind of drink holder which contains any amount of alcohol. In some areas, an open container ticket is a minor offense that is not worth fighting in court.
In such a case, this violation of the open container law is open to treatment as a Class B misdemeanor. However, if a passenger brings alcohol into the vehicle and you genuinely aren't aware of that, you may have a valid defense to an open container charge. For example, in Texas, it is illegal to have an open container of alcohol in any vehicle, regardless of the driver's BAC. How to get an open container ticket dismissed in texas 2021. Illegal traffic stops and containers in acceptable locations of the vehicle. The container needs to be accessible and visible from the driver's seat (in the cupholder, in the passenger seat, rolling around in the back seat, etc. The fine will vary by state but typically between $50 and $200. Keep in mind, however, that the driver of the vehicle can still be charged with an open container violation in both of these cases. 031 defines these specific terms related to this offense.
Class C Misdemeanors are not harmless. Public highway: This refers to the area between and immediately adjacent to public road, interstate, highway, street, or another publicly-maintained way that is open for motor vehicle travel. Your goal should be Dismissal for any Open Container charge. Corked wine bottles, on the other hand, are open containers. At first, you might think you understand what qualifies as an open container, public highway, and passenger area. The attorney could then determine the strength of the state's case against you and whether you have any defenses to the charge (e. g., Where was the container located in the vehicle? Also, if you have a recreational vehicle (RV), self-contained trailer or motorhome, you may meet the other Texas open container law exception. If you're going to drink in public, it's important to pace yourself. Instead, you will be given a written citation (ticket) and notice to appear in court. Practicing Criminal Law since 1985. It must be in the "passenger area of the motor vehicle, " i. e. How to get an open container ticket dismissed in texas vs. where people can sit in the car. Also, in a single stop, each individual container in the vehicle represents a separate violation of the law, and each separate container will result in a separate citation. A locked glove compartment.
For each open alcohol container found in your vehicle in Williamson County that qualifies as an offense under Texas Penal Code Section § 49. 08% BAC limit, but some have adopted stricter open container laws. If the open container is in the trunk, is that illegal? While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. As long as your blood alcohol concentration is below. Open container violations are typically considered infractions, which are minor crimes. However, Texas law requires the open container to be secured in the trunk of the vehicle or a locked glove box compartment. If what you are asking is whether you should plea guilty at the arraignment, then usually the answer is going to be no. Open Container cases are tough to contest at a trial, especially if the person is seen by the officer holding the container. Georgetown Open Alcohol Container in Vehicle Defense Lawyer. If you're transporting an open container from one point to another, it must either be in your trunk or compartment glove. Under Texas law, it's the responsibility of a driver to ensure that passengers follow the laws. If your freedom is on the line, don't wait another moment—contact Thiessen Law Firm today to schedule your free consultation. However, it is illegal to drink while driving in Texas. In order for any evidence found to be legally admissible, the stop itself must have reasonable cause.
Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. If you or a loved one has been charged with having an open container and/or DWI in Texas, don't entrust your case to second-rate defense. DWIs are defensible even if there's alleged evidence to prove your guilt. I am a nurse and thought my career was over. These exceptions are specifically defined by statute, and include the following: - Vehicle was designed, maintained, and/or used primarily for transporting people for compensation, including limousines and taxis. Changes around open containers, DWI and expungement make it difficult to keep current on every nuance of the laws. On September 1, 2001, Texas passed the Open Container Law. Similarly, if you are technically guilty of driving while intoxicated and having an open alcohol container in the vehicle, but the officer only discovers this because they violated the search and seizure laws that may be enough to get the charges dismissed. So long as you are on a public highway — "The entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way…" — being found with an open container in your car can spell big trouble. Open Container Laws in Texas | Traffic Tickets Texas. They will sort through the details of and educate you on your Georgetown open container case in order to better fight to protect your rights and future from conviction. If you did not know that the passenger was drinking alcohol, you can use that as a defense against an open container citation. But possessing an open container can enhance the penalties for a DWI conviction involving possession of an open container.
"What are the penalties? " A container qualifies as an "open container" if it has been opened, has a broken seal, or has had some of its contents removed. Open Containers In Public. In some states, an open container violation may be considered a misdemeanor if the alcohol is consumed in the vehicle or the driver has a prior DUI conviction.
That can mean a cracked beer can, a wine bottle without a seal, or a liquor bottle with a loose lid. This includes capped, but previously opened bottles, cans, flasks, thermoses, and Yeti cups. Don't cause a disturbance. While the legal punishment by the state is limited to a fine, having a record with even a minor misdemeanor on it can affect your career and academic pursuits.
Jail time may be a possibility, however, depending on the circumstances. Q: What should i do with an open container charge? About the Author: After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. However, if the officer did not have any suspicions that you were driving while intoxicated and the container was not observable from outside the vehicle, any search of the interior of your vehicle may have been illegal if the officer pulled you over for no legal reason. However, if you can get your friend to say that he was drinking illegally in your car, he may be charged with the crime instead of you. In addition to criminal penalties, an open container ticket can also have other consequences. The penalties always apply to the driver, no matter who is drinking (or holding the open container) in the car.