Open Container of Alcohol Citation Due to a Beer Bottle in a Vehicle

My question involves criminal law for the state of: Texas


All,

Obviously, I'm an idiot. I was at a dead end of an undeveloped area having a few beers. At 3AM, wildlife cop comes out of nowhere. I pass beer over to spouse, cop did not see. However, the cop did see a beer bottle in the back of my car, which then gave him probable cause to search. My spouse claimed responsibility for drinking both beers. I admitted to drinking ONE beer hours ago NOT in my vehicle, but at my house. He knew I was drinking so I gave him something.

He wanted me to blow because he thought I was lying and I talked my way out of it and he instead made me follow his light pen and checked my peripheral. Thankfully I passed. Cop was very aggressive in my opinion, aggravated that neither of us would admit anything. We were very respectful to the police officer.

Now, the only thing the police officer did was give my spouse a citation for open container of alcohol. Up to $500 fine, Class C Misdemeanor. Spouse has no record or anything in past.

Counting my blessings, but I'm working on finding defense attorney. The one lawyer I got a hold of (yesterday) sounded fairly confident that he will be able to get a reduced fine ($250 with court costs), off her record, and he will charge $500.

Thoughts on what I should do?/ What realistic expectations should I have? / How much should counsel run for this type? /How worried should I be?

Thank you. This will never happen again.

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Quoting Txopencontainer

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Thoughts on what I should do?/ What realistic expectations should I have? / How much should counsel run for this type? /How worried should I be?

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Nobody can make that decision for you. Lawyers charge $300-$400 per hour so $500 for an hour or two of the lawyer's time seems reasonable. Do it without a lawyer and your spouse is guaranteed a conviction.

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Quoting Txopencontainer

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This will never happen again.

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Sure it will.

I'd be willing to bet on it.

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Quoting adjusterjack

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Nobody can make that decision for you. Lawyers charge $300-$400 per hour so $500 for an hour or two of the lawyer's time seems reasonable. Do it without a lawyer and your spouse is guaranteed a conviction.



Sure it will.

I'd be willing to bet on it.

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Thanks? Was this really necessary? People can't make stupid mistakes and correct going forward?

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Quoting Txopencontainer

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Thanks? Was this really necessary? People can't make stupid mistakes and correct going forward?

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Of course you can, but you basically threw your wife under the bus for something you did. If it costs you money to reduce your wife's charges then you should spend the money.

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Quoting llworking

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Of course you can, but you basically threw your wife under the bus for something you did. If it costs you money to reduce your wife's charges then you should spend the money.

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So to confirm, I should have owned up to my mistakes, got a DUI, arrested, bailed out of jail, lose my driver's privilege, and fired from my job instead of having my wife take the blame for open container citation?

Its not a matter of how much money it will cost, it's a question of what to expect.

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Quoting Txopencontainer

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So to confirm, I should have owned up to my mistakes, got a DUI, arrested, bailed out of jail, lose my driver's privilege, and fired from my job instead of having my wife take the blame for open container citation?

Its not a matter of how much money it will cost, it's a question of what to expect.

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Why would you have gotten a DUI, while your wife did not?

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Quoting TechWorker

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Why would you have gotten a DUI, while your wife did not?

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I was behind the wheel, she was the passenger. Can a passenger be booked for a DUI?

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Quoting Txopencontainer

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So to confirm, I should have owned up to my mistakes, got a DUI, arrested, bailed out of jail, lose my driver's privilege, and fired from my job instead of having my wife take the blame for open container citation?

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Since you ask, yes.

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Quoting Txopencontainer

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I was behind the wheel, she was the passenger. Can a passenger be booked for a DUI?

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Was the engine running? If not, were your keys in the ignition?

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Quoting cbg

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Since you ask, yes.

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Why because I ask? Are you upset that I got away light?

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Quoting TechWorker

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Was the engine running? If not, were your keys in the ignition?

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Engine running. Keyless ignition.