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Alabama Littering and Open Container

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  • 03-03-2010, 11:44 AM
    The Kenny Show
    Alabama Littering and Open Container
    My question involves criminal law for the state of: Alabama

    In as much detail as possible, the following occurred last Thursday:

    Some friends and I were walking to a local bar when a police officer drove by and my friend and me had cups in our hands, so we sat them down on the curb and talked for a few seconds. The police officers drove up to us, asked how old we both were (both 21) and proceeded to go back to their cars to write us both tickets. We were charged with open beverage and criminal littering, though the tickets are not filled out thoroughly. The officer simply wrote "OPEN BEVERAGE" on one ticket and "CRIMINAL LITTERING" on the other. All four of the tickets issued had left the "Violation of City Code" and "State Code" blanks empty, and under the "Complaint" it simply says "100226011." Anyways, when the officers left we went and threw away our cups and were on our way.

    These are my questions/complaints:

    1) I was never asked if I had been drinking or why I littered, but the officer just assumed I had been.

    2) I had no intentions of leaving the cup on the ground, or I wouldn't have stood there waiting for the police to drive by. This may still be grounds for littering or not, but I don't feel like I was.

    3) I already have a pretty good guess, but does it matter that the officer left out so much information regarding the incidents?

    4) I would like to possibly have both charges dropped, but I could live with an open container charge if there is a chance to get the littering charge dropped in itself.

    5) What should I do next?

    6) Any other advice/help would be taken with much thanks.

    *IF YOU WOULD LIKE TO KNOW ANYTHING THAT I MAY HAVE LEFT OUT, FEEL FREE TO ASK ANY QUESTIONS, AND THANKS FOR THE HELP
  • 03-06-2010, 12:41 PM
    Mr. Knowitall
    Re: Alabama Littering and Open Container
    When the police officer pointed to your cup on the ground and asked if it was yours, what did you say? If you said "no", it would be reasonable for the officer to assume that the cup was abandoned as trash - hence littering.

    Have you consulted a criminal defense lawyer yet?
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