Find help: [Updated] Got pulled over tonight and got charged with (2 open containers of alcohol)(allowing passengers to drink) (cont alch). - Help.com

probably a fine. you weren’t drinking. in fact you purposely drove someone else’s car to protect them. and what could you do, snatch their alc and throw it out the window? for all they know, you had no idea they had it til after you were on the road, and when you did find out, you were on your way to drop them off some place where they wouldn’t be able to drink. if you make yourself a good case to give to the judge on your court date, you might get lucky.

good luck. :/

oh DAn :/ what have you gotten yourself into buddy.first , dont take all the responsibility , everyone needs to be held accountable for their actions and you in this case are only accountable for being the driver, a driver that allowed open alcohol in the car but the lesser of the crime. I dont know about your record if any and if it entails similar aspects like open containers but if it does that may come up in court so the best thing to do is admit your wrong doing and try to assure the court it wont happen again,give this question some thought so if the judge asks’ how do I know this wont happen again’? I wouldn’t worry about it too much but if you want there are sites where you can ask lawyers questions, some free and /or call the district or county attorney or legal aid dept. thers a lawyer on my friends list ill invite too but no promises, I havent seen her here in a while. keep us posted Dan

Dan your the skipper should have made sure she was waring the Seatbelt.Open bottles of beer ,i guess just a fine.now everybody should fork out some Money for the fine….

Dan- Get yourself a lawyer PDQ. That is going to be your best chance of keeping this off your record. Otherwise, if you get stopped again for the next 15 years, even for something stupid like a broken tail light, they’ll have cause to cavity search your entire vehicle.

The prohibition of open containers in a vehicle is Federally mandated, e.g. the Federal Government mandates that ALL states must have a law on their books that prohibit open containers or they forfeit federal funding to that state. More…

A person age 21 or over who is convicted of DUI the first time faces a sentence of 48 hours to six months in jail, a fine of up to $1000, and/or loss of driving privileges for six months. A subsequent DUI conviction within seven years will result in a mandatory sentence of up to a year of jail time and a fine of up to $1000. In addition, the judge may order that the violator lose his or her driver’s license for up to 18 months and that the driver’s vehicle be confiscated for 90 days. A person convicted of DUI may obtain a restricted license by completing an alcohol or drug treatment program. The third conviction for DUI in a seven-year period results in loss of the license for three years, a heavy fine, and three to four months in jail.

California has specific laws to address the problem of DUI among drivers under age 21. The first time a person under age 21 is convicted of DUI, he or she automatically loses driving privileges for one year. After the suspension period is complete, the driver must pay a $100 reissue fee to the Department of Motor Vehicles and must file and maintain for three years proof of financial responsibility. Additionally, if an underage driver refuses to take a preliminary alcohol screening test, the driver’s license will be suspended automatically for one year. Judges are authorized to confiscate an underage driver’s vehicle for up to 30 days, as well. Subsequent offenses during a seven-year period result in longer periods of license revocation.

California law specifies other alcohol or drug-related traffic offenses. A person who drives in California automatically consents to be tested for alcohol or drug impairment if there is reason to believe the person is under the influence. If a police officer arrests a person for driving under the influence, the person must have his or her blood, urine, or breath tested. If the person refuses, his or her license will be revoked. Carrying alcohol or drugs in an open container in a vehicle is prohibited. Further, some crimes unrelated to traffic violations can affect a person’s driving privileges. Minors who possess firearms, skip school habitually, or commit vandalism, may be punished by having driving privileges revoked.

This doesn’t speak directly to what the penalty is, that’s why I highly suggest you get legal representation.

If you want to read more, I found the 2-5 paragraphs here: http://www.weblocator.com/attorney/ca…

Get a lawyer immediately. Worst case: 6 weeks sharing a cell with your new husband.

What stupidity!
I have read about laws prohibiting fu**ing doggystyle, or that you have to carry a red flag if a woman is driving, or whatever.

But what is wrong with carrying opened alcohol bottles in a car? As long as the driver does not drink, it does not matter!
So what do you think is going on in those election campaign buses on their road trips?
Or on the buses carrying fans from a football or hockey match?

People are drinking aboard aircrafts and aboard floating vessels. I can’t see the difference with cars.

But the Californian laws about testing are OK. We have similar tests in Sweden, where random breathe tests are taken in traffic controls. The driver blows into a meter, and a positive test results in that he is taken in for a blood test. The blood test is the one that will get the driver punished, should the level be too high. (and that level is VERY low in Sweden)

Definitely consult a lawyer. Sounds like the cops had you nailed pretty good. Best bet: be contrite before the judge. Tell him you won’t ever transport people with open alcohol containers again and you’ll make sure everyone is buckled up. There’s no societal good to be served by locking you up. By the way, NEVER consent to a search of your vehicle. A prior arrest and conviction does NOT constitute probable cause for a search. My guess is that in your case, the cops had probable cause for a search because the smell of alcohol was very strong in your car. P.S. Keep your windows rolled up and just pass your license through a slot in the window.

I’m glad it’s not a big deal anyway for you and things worked out OK!

Yeah. An infraction and probably loose points on your license. But I’d check with a lawyer anyway. It can vary from State to State. Probable no real biggy though.

Be careful!

Glad it worked out!

i hope you doing better now. :)