Can You Get an Open Intoxicant Ticket Dismissed if You Weren't Drinking
My question involves criminal law for the state of: wisconsin
Got a citation for open intoxicant was completely cooperative and the officer agreed with me even after the ordeal, I asked for a blow test blew a zero and explained that friend of mine must have left his beer in my truck, my question is what are the chances of getting the ticket dropped or what route should I take in doing so?
Re: Can You Get an Open Intoxicant Ticket Dismissed if You Weren't Drinking
The ticket is for possessing the open intoxicant, not for whether or not you're drinking it at the time, so "somebody else must have left it there" isn't a defense.
Quote:
Quoting Wisconsin Statutes, Sec. 346.935(2). Intoxicants in motor vehicles.
(2) No person may possess on his or her person, in a privately owned motor vehicle upon a public highway, any bottle or receptacle containing alcohol beverages or nitrous oxide if the bottle or receptacle has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released.
You should certainly check to see what deals the prosecutor might offer; the availability of favorable dispositions can turn on factors including your age, prior criminal record, the full facts of the offense, and the policies of the prosecutor's office.