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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 10-10-2012, 12:16 PM   #1
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Default Ticket for Open container

I was driving Jolie and Soda to an outcall in Pearland and Friendwoods last night.
I had a sipped of Lemonade 5% alcohol at a client's place. For some reason we decided to take the bottles that we were drinking in the car and started to drive toward Friendwoods. Got pull over by Hwy patrol. Fund out we have 2 open bottles. They tested me. Luckily I didn't get DUI or DWI.
I was wondering about the Ticket for Open container. Is that a serious case? What is the fine for that?
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Old 10-10-2012, 12:26 PM   #2
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It's a Class C misdemeanor, punishable by a fine up to $500. Not a big deal, but DPS may hit you with points or surcharges if you're convicted. You should see if you can get a deferred disposition, and if they give you static on that, get an attorney.
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Old 10-10-2012, 12:34 PM   #3
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That's more than I expected
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Old 10-10-2012, 03:16 PM   #4
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If convicted, wait until your insurance company finds out.... I am pretty sure it is equal to a DWI surcharge, and many companies will probably non-renew you policy over it. If that happens, you will be paying for this ticket for at least 3 years with increased insurance rates.
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Old 10-10-2012, 05:56 PM   #5
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Quote:
Originally Posted by GentlemanTexan View Post
If convicted, wait until your insurance company finds out.... I am pretty sure it is equal to a DWI surcharge, and many companies will probably non-renew you policy over it. If that happens, you will be paying for this ticket for at least 3 years with increased insurance rates.
I'm working on it. Won't let it get too long..
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Old 10-10-2012, 06:08 PM   #6
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KayKay check your pm..... wondering why he searched the vehicle in the first place.

This forum should also help you out better.
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Old 10-10-2012, 08:20 PM   #7
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Quote:
Originally Posted by mojojo213 View Post
KayKay check your pm..... wondering why he searched the vehicle in the first place.

This forum should also help you out better.
Mojojo,

I read this thread earlier, but.... I would bet, just about everything I own, that the container was in "Plain Sight".

That opens "Pandora's" box....

The bigger question is why did she get pulled over..... Now.... there is room for discussion, to have the "open container" dismissed.

Been there done that, but there are smarter, people that know more than I do here...
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Old 10-10-2012, 08:39 PM   #8
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Go to court, ask the prosecutor for deferred disposition ( they may call it probation). When you go, wear something you'd wear if you were taking your grandmother to church. If they wont give you deferred...request a jury trial and get a lawyer.

You don't want it to stay on your record because it counts as an alcohol related offense when calculating surcharges for any future DWI.

Not sure what the fine is for Hwy Patrol, but it's about $272 for the City of Houston. It should either state the amount on the paperwork with the Ticket or give a website or phone number with the information.

I know a great criminal lawyer in Pearland. PM me if you need him.

Good luck.
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Old 10-11-2012, 04:17 PM   #9
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Quote:
Originally Posted by LilMynx69 View Post
Go to court, ask the prosecutor for deferred disposition ( they may call it probation). When you go, wear something you'd wear if you were taking your grandmother to church. If they wont give you deferred...request a jury trial and get a lawyer.
Lol why does everyone who's not a lawyer always make dress and appearance the determining factor? Look it's basic, if you can manage to talk the DA (chances are they won't without counsel because it's a slam dunk case for them if you have none) you can see if they will work out a deal with you.

You're better off just getting an attorney to do the talking for you unless you know the law and without a doubt can prove your story can over ride theirs if you end up having to go to trial.
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Old 10-12-2012, 07:48 PM   #10
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Fair or not. Appearance does matter. And while I'm issuing reminders...turn you cell phone off outside, don't chew gum, be at least 15 minutes early, and don't read a newspaper.
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Old 10-12-2012, 09:11 PM   #11
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Minx you are correct about dressing conservatively though so my apologies for sounding as if i was mocking you.....also yes CELL PHONES OFF AND NO GUM!!!!!!
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Old 10-12-2012, 10:14 PM   #12
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That's just about the sweetest thing I've read all day. Would you have liked it better if I told them my alternate tip? Dress like a flight attendant. Lol.
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Old 10-12-2012, 10:19 PM   #13
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Quote:
Originally Posted by LilMynx69 View Post
That's just about the sweetest thing I've read all day. Would you have liked it better if I told them my alternate tip? Dress like a flight attendant. Lol.
Well i prefer you advise them to dress in their sluttiest most provocative outfit then head over to my place.
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Old 10-12-2012, 10:40 PM   #14
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Quote:
Originally Posted by mojojo213 View Post
KayKay check your pm..... wondering why he searched the vehicle in the first place.

This forum should also help you out better.
I don't recall reading that the OP's vehicle had been searched. The open bottles could have been in plain view.
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Old 10-13-2012, 09:54 AM   #15
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Quote:
Originally Posted by kaykay View Post
For some reason we decided to take the bottles that we were drinking in the car and started to drive toward Friendwoods.
Quote:
Originally Posted by acp5762 View Post
I don't recall reading that the OP's vehicle had been searched. The open bottles could have been in plain view.
Yup plain view..
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