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  1. #1

    Exclamation How to Fight an Open Container Charge in Kansas

    My question involves criminal law for the state of: Overland Park, KS

    Was pulled over in my vehicle while intoxicated, I was not driving but in the passenger seat. Had a bottle of Champagne at my feet that was previously opened. I had actually paid a random girl to drive me and a friend home to prevent a dui, didn't want to leave my car in that area, and she was cute. Anyways, I'm in violation of the following offenses

    12.04.106 Transportation of Intoxicating Liquor
    http://law.opkansas.org/lpBin22/lpex...=templates&2.0

    And
    No seatbelt

    I read someplace that if the vehicle is used primarily for taxi purpose, that it would exclude this, is this correct? If so, if I could provide a receipt, that I paid to be taxied by this individual, can I fight this? Are their any defenses I could possibly use? Or should I just plea guilty? I don't have any traffic tickets, haven't been in much trouble EXCEPT for

    possession and trafficking of a manufactured substance 10+ years ago and was expunged from my record

    public urination
    disorderly conduct
    over 8+ years ago

    Can these priors effect the judges decision fine/sentence? Should I get an attorney or represent myself?

    Would appreciate any help!!

  2. #2
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: How to Fight an Open Container Charge in Kansas

    Try and see if any lawyers offer a free consultation,they might take it in mind but 8 years is a good amount of time . Just having an open bottle of campange doesn't seem that serious,having a lawyer in court is always a good idea. Maybe it can get reduced to a non criminal offense or dismissed if your lucky. Is getting a public defender possible? A lawyer is gonna cost a lot more than 200 dollars,it's up to you.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,668

    Default Re: How to Fight an Open Container Charge in Kansas

    You can try talking to a lawyer, but your arguments are spurious. You can't carry opened bottles in the passenger compartment. It matters not if you were driving, in a cab or limo, or paying someone to transport your drunk self home. A taxi cab DRIVER might get some dispensation against a PASSENGER opening or carrying a bottle without his acquiescence but the passenger will not.

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