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WE FIGHT FOR DISMISSAL. But there's no law against the police filing charges against you that don't match up with the written law. Also, the court may choose the higher end of the punishment due to aggravating conditions. Texas law considers it the responsibility of the driver to ensure that laws are being followed. CAN I BE CHARGED FOR AN OPEN CONTAINER IF I WAS PARKED? However, as noted in TABC Sec. In Texas, DWI, MIP, and driving related incidents involving alcoholic beverages are taken seriously. You may qualify for an order of non-disclosure if this was your first and only DWI conviction, your BAC was below. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.
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Unfortunately for many Texas motorists, the definitions are not always intuitive and are actually stricter than the average person may think. If you have been arrested and charged with a Texas open container law violation in your vehicle anywhere in or around Williamson County, including Round Rock, Georgetown, Cedar Park, Leander, Taylor, and Hutto, contact an experienced Georgetown criminal defense lawyer to being working through the specifics of your case. When considering the services of a qualified traffic crime defense lawyer, it is best to contact him as soon as you are served with your open container charge. A cup with or without ice which contains any amount of alcohol, whether straight or mixed. Show that the container was not open. Often, this has a negative impact on academic and career pursuits. DRIVING UNDER THE INFLUENCE. The passenger area of vehicles used as transportation for compensation such as a bus, taxicab or limousine are not illegal places to possess an open container of alcohol.
However, if you're not careful, you could end up with an open container ticket. Does an open container ticket go on your record? If you have an open container in what is considered to be the living quarters, the exception will generally apply. 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. Another alternative would be a locked storage container. You're a reasonable sort of guy who likes to take his bottles and cans back to the store to do your part for mother nature. In some states, you can have the citation dismissed if you complete a court-ordered alcohol education program. This means that a driver can face the open container enhancement if arrested for DWI, and there was an open container in the vehicle. The container must be completely sealed. You can be charged with an open container violation, DWI, and will likely get several tickets for driving into a police cruiser. Additionally, many employers check criminal records. Schedule your free consultation. Open containers are not considered to be in the "passenger area" if they are: - In the glove box or another secured storage space in the car.
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However, if you are a fine upstanding citizen who is afraid of how a misdemeanor might look on your record, the judge may be inclined to accept your explanation. It's no secret that getting caught with an open container of alcohol in public can lead to a hefty fine. In order for an open container of alcohol to turn into a crime, it must meet several other conditions. If you are on a DWI probation, or if you've had a DWI license suspension, the penalties can be much more severe. This charge can also aggravate others – especially DWI charges. In Texas, it is illegal to possess an open alcoholic beverage container in a motor vehicle. This will save you some money and protect your criminal record. A) A minor commits an offense if he consumes an alcoholic beverage. Under the statute, an open container is more than just having an open can of beer in your vehicle.
Call us at (713) 257-9839 to schedule a consultation today! In the state of Texas, possession of an open container is a Class C Misdemeanor—in other words, it's a traffic ticket. Of these two options, a dismissal through deferred adjudication is much more plausible. Suppose you can get character witnesses to testify that you are not a habitual offender.
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Open container laws in Texas should not be taken lightly. An open container ticket is a misdemeanor offense that can carry fines and possible jail time. The facts of the case were bad. Before you choose to take "one for the road" literally, you might want to research the open container law in Texas. You should also know that if you're actually caught in the act of drinking and driving, the open container charge may be the least of your worries. A "public roadway" includes any public road, street, highway, interstate, right-of-way, or other areas open to the public for motor vehicle travel.
In Texas, passengers may have an open container in buses, taxis, limousines, and motorhomes. 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. Yes a person can be arrested but only if they refuse to sign the ticket for notice to appear in court. Other Helpful Resources by Thiessen Law Firm: - Why "Do Not Blow" is Bad Advice. There is no statewide law prohibiting public consumption of alcoholic beverages. Trey really helped me out. It's the least your pal could do considering it's entirely his fault that you're standing before a magistrate. The prosecutor will need to prove that it was you who was in possession of the open container in the vehicle. Penalties for Williamson County Open Alcohol Container in Vehicle Violation. Current open container law in Texas was enacted as part of the state's push to make the law stricter on driving under the influence and to comply with the Federal Transportation Equity Act so the state wouldn't lose funding. And of course, what you don't know could land you with expensive criminal charges and create barriers to obtaining an education, work, and more. There are many benefits to having an open container ticket dismissed, such as not having to pay the fine and not having the offense go on your record. Contact the Thiessen Law Firm today.
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Genuine Concern For Clients. 08 and you were not committing any other crime at the time you were stopped. The Benefits of Dismissing an Open Container Ticket. A locked glove compartment. Under Texas law, it's the responsibility of a driver to ensure that passengers follow the laws. 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. If an officer pulls you over, the law requires that they have reasonable suspicion and sufficient cause to search your vehicle. Illegal traffic stops and containers in acceptable locations of the vehicle. If you're going to drink in public, try to do so in an area with low foot traffic.
If you were subject to an illegal traffic stop by police or an unlawful search, you may be able to successfully defend charges with a skilled attorney. To find out what Price & Twine, PLLC can do for your Williamson County open container in vehicle case, call (512) 354-1880 today and schedule your free initial case consultation. Under Texas law, a container can be in the form of a bottle, can, or another container that holds alcohol.
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Possible Defenses for Violating Open Container Law. Hiring an experienced Georgetown criminal defense attorney could be the difference between the open container charge becoming a conviction and it getting dismissed. Call [phone] to schedule a free consultation with [firm] today. All outdoor areas are public in Texas State Parks. Client, a military veteran, was facing up to one year in jail. Each open container found in such circumstances will count as separate offenses. Up to 1 year in county jail. A law enforcement officer must have reasonable suspicion to pull you over and sufficient legal cause to perform a search of your vehicle. I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won't convince you then I'm not sure what will.
If you have been arrested for one or more open alcohol container in vehicle charges in Williamson County, including Georgetown, Round Rock, Cedar Park, Leander, Taylor, and Hutto, contact Price & Twine, PLLC to begin your defense immediately.