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How Can I Get an Open Container Citation Dismissed

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  • 09-16-2012, 05:07 AM
    UhOh2012
    How Can I Get an Open Container Citation Dismissed
    My question involves criminal law for the state of: Iowa
    I received an open container citation feet from property where it would have been legal. I was very cooperative with the officer. I was not drunk, and promptly gave up my beverage... I think a warning would have been more than sufficient. The information I gave him was my full name, DOB, height and weight. I did not produce an ID. He called in the info and was able to retrieve my DL #. The address I gave was an old address, but I believe I still have my mail being forwarded from that address to the one that is on my DL.
    I'm unsure if a notice will be sent to either of my addresses... why this may be important is because although they have my info, couldn't I argue that it wasn't me since I never produced a photo ID?
    I received advice that I could show up to the court date and hope that the officer is not there. Being that they served 33 of these citations that day, I'm not sure what the chances of him showing up or not is. What would I need to do/say to get out of this?
    Money is tight, but I am more worried about what this will mean for me as I am searching for jobs. If convicted, will this need to be something that I disclose to prospective employers when they ask on applications?
  • 09-16-2012, 05:12 AM
    flyingron
    Re: How Can I Get an Open Container Citation Dismissed
    It would be unlikely the officer will not show up on your court date and it doesn't automatically mean a dismissal if he does not.
    Feet from legal is what we call illegal.
    The officer will testify it is you without needing to have obtained an ID from you.
    If you received a citation on the spot, what makes you think anything is going to be mailed to you (however, it was foolhardy NOT to give a reliable postal address in case one was)?

    I'm not sure what "feet from legal" is, if you mean you walked out of a bar carrying a drink, you might be out of luck. If you were in an open area where there may have been confusion as to the legal area, you might beg ignorance on the judge (not that it is a defense, but you might get some sympathy).
  • 09-29-2012, 04:51 AM
    UhOh2012
    Re: How Can I Get an Open Container Citation Dismissed
    Thanks for the response! I was a first time tailgater at a football game where apparently the parking lots are the only legal area. I was on the sidewalk just feet from the parking lot. I had seen plenty of other people drinking as they walked along the sidewalk between parking lots.
    My naivety to the ways of the law world are because I'm 29 and the only trouble I've ever had with the law was a speeding ticket when I was 16... not much experience.
    Money is tight, but I am more worried about what this will mean for me as I am searching for jobs. If convicted, will this need to be something that I disclose to prospective employers when they ask on applications?
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