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Open Container in Public Place Citation

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  • 09-16-2010, 08:56 PM
    rned
    Open Container in Public Place Citation
    My question involves criminal law for the state of: Wake County, NC

    A group of 5 of us went out to celebrate my sons 24 birthday: my son, his GF 20, myself and my BF and one other adult had just got out of car in public parking garage. My son had an open malt beverage and his GF had a closed bottle (partially filled) of bootlegger. The GF asked what to do with bottle and I took it and threw it in car.

    Two police officers approached the vehicle and asked what was in the containers - he took the can from my son and put it on top of car and asked where the other container was which I took out of car and handed him. Then he said he saw two people drinking from the containers and asked who was it. No one answered. Then he asked who they belonged too and no one answered. He asked several more times and no one answered. He collected everyones drivers licenses.

    I assume because I was the oldest he called me aside and asked me who was drinking and who did the alcohol belong too. I said I wasn't sure who was drinking or who the bottles belonged to. He told me someone had to take responsibility and asked me who that would be because if he had to cite the 20 she would have more problems than just an open container citation. I asked what the charge would be and he said open container city code violation on city owned property. He told me that it was a citation, go to court, pay the fine and that it wouldn't even show up on a criminal record. I asked what the fine was and he said about $130. Fearing that he might cite my son's GF, I said I would take the responsibilty and he said that was a good decision.

    He told me to stay where I was then approached the group and announced that someone else needed to take responsibily or he would cite everyone. Our adult friend said she would take it. When he wrote out the citations he told us we had to appear in court on the date set or arrest warrants would be issued.

    Now I have learned that this offense is a misdemeanor and would show up on my record. Funny thing, I took the hit and the only time he saw me with the container is when I took it out of the car. I feel that the officer scammed us with a threat of citing my son's GF and needed to cite someone and then he turned around and said he needed someone else to write a citation for.

    Do I have any defense?
  • 09-18-2010, 09:23 AM
    LawResearcherMissy
    Re: Open Container in Public Place Citation
    Quote:

    I feel that the officer scammed us with a threat of citing my son's GF and needed to cite someone and then he turned around and said he needed someone else to write a citation for.
    You weren't scammed, you chose to take the hit. I hope she's thankful for it, because:

    Your son's girlfriend should have rightfully been cited for an open container AND Minor in Possession of Alcohol. Yes, yes, she's 20, but that's not 21, so she is considered a minor for the purposes of boozing.

    In addition to the open container fine, she'd be looking at a fine of at least $100 (and up to $500), mandatory 6 month suspension of her drivers license, alcohol awareness classes (at her expense), and probation.

    Quote:

    Do I have any defense?
    After confessing to a crime? No, not really.

    You'd do well to speak with an attorney.
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