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  1. #1
    Join Date
    Feb 2012
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    4

    Default Can You Be Charged More Than $200.00 for an Open Container in Georgia

    My question involves criminal law for the state of: GA

    3 of us are riding through Greenville, GA. We get stopped for a noise ordinance (music to loud) even though all the windows were up, cop claims he heard it through the sunroof. That's besides the point, anyways the cop walks up to the car and smells alcohol, we have 3 open beer cans which we put in a empty fast food bag. The cop asks who has been drinking and even though the driver had had a few sips myself (sitting in the front passenger) and my friend (sitting in the back) say the cans are ours. He asks us if we have drugs and weapons, we didn't, we said no...he didn't believe us obviously because 2 more officers in separate cars roll up. A different cop comes and asks us the same questions as the first and we have the same answers. We asked him to cut us a break on the tic he said no. Anyways he cites myself and the passenger in the back tics for open container: (State Law 40-6-253). Then he gives the driver a warning for the noise ordinance. Anyway, he didn't even get the seats that we were sitting in right, i was in front - he has me in back on the tic...not sure if that matters?... Then he sends us on our way...

    I looked up the citation online and it says I owe $408.00, same with my friend...From what I have read, the charge for open container cannot exceed $200.00 in the state of Georgia. Is that correct? Also, does it matter that he didn't get the seats right? It also says my court date is at 6am, has anyone ever heard of a 6am court date?

    I have no priors, no probation, couple of speeding tics in the past but that's it.

    Does it sound reasonable to charge 2 guys over $800 for 3 beer cans...this can't be right, right?

    Any response is appreciated.

  2. #2
    Join Date
    Mar 2012
    Location
    Georgia
    Posts
    149

    Default Re: Can You Be Charged More Than $200.00 for an Open Container in Georgia

    Quote Quoting gausa
    View Post
    We get stopped for a noise ordinance (music to loud) even though all the windows were up, cop claims he heard it through the sunroof.
    Doesn't matter. He heard it - probable cause to stop.

    Then he gives the driver a warning for the noise ordinance.
    That's the officer's option.

    Anyway, he didn't even get the seats that we were sitting in right, i was in front - he has me in back on the tic...not sure if that matters?
    Doesn't matter. It's not a fatal error in the UTC (uniform traffic citation). You were a passenger. The violation is related to that, not to your position in the vehicle.

    From what I have read, the charge for open container cannot exceed $200.00 in the state of Georgia.
    Precisely correct. However, that is the State fine. On top of that would be certain local fees and surcharges permitted by law, which generally raises the overall cost of the violation.

    The typical open container violation in Georgia runs around $700, but it varies from jurisdiction to jurisdiction. Seems you're getting off a little cheaper than usual.

    It also says my court date is at 6am, has anyone ever heard of a 6am court date?
    Probably 6 PM, not AM. Look a little closer. Most small towns in GA have night court, generally starting at 6 PM. Maybe the P looks like an A. Call the Court number on the ticket to verify that.

  3. #3
    Join Date
    Feb 2012
    Posts
    4

    Default Re: Can You Be Charged More Than $200.00 for an Open Container in Georgia

    Yea your right it says 6 PM...

    Would you mind defining "certain local fees and surcharges"...does this mean the state gets its $200 no matter what and the Jurisdiction (Greenville Police Dept - Greenville , GA 30222) fines you whatever they want within the law?

    What does this look like on a permanent record? Like background checks for jobs and such?

    I failed to mention that i have a pending jay-walking tic in another county...do these affect each other?

    Would you advise hiring a lawyer over this? Or driving down there and going to court, or just paying online...

    It doesn't sound like I have much hope either way. I just don't want this to follow me around for years.

  4. #4
    Join Date
    Mar 2012
    Location
    Georgia
    Posts
    149

    Default Re: Can You Be Charged More Than $200.00 for an Open Container in Georgia

    Unfortunately, there is a 2 point assessment against your drivers' license in Georgia for Open Container, even though, technically, you weren't driving.

    As long as you haven't accumulated 15 points in the past 24 months, you have nothing to worry about where the points are concerned. If that's an issue for you, engaging the services of an attorney may help convince the Court not to submit the record to the State. Many small municipalities do not have "Recorder's Courts", so many violations / convictions don't have to be reported. It remains local.

    The fees and surcharges levied by the local governments are provided by law. There are literally a dozen or so laws that permit that, so digging the exact information up for you would take a good deal of time. Suffice it to say that the municipality can charge up to the same amount of the State fine as a local fine, though most only charge an additional 50%, plus surcharges for State programs, victim/witness funds, Sheriff's retirement fund, local court costs, etc.

    The cost of hiring an attorney to represent this case (which you probably don't have much defense to) would likely cost you the same, if not more, than the fine itself.

    "Jay-walking" ???? Seriously ? That's almost a non-ticketed offense in most locations in Georgia. At any rate, that kind of offense is most definitely kept local and not reported to the State.

  5. #5
    Join Date
    Feb 2012
    Posts
    4

    Default Re: Can You Be Charged More Than $200.00 for an Open Container in Georgia

    Yes Jay-walking, such a joke...this is why people hate police. Taking $200 out of someones pocket for walking across the street should be a crime!

  6. #6
    Join Date
    Mar 2012
    Location
    Georgia
    Posts
    149

    Default Re: Can You Be Charged More Than $200.00 for an Open Container in Georgia

    Don't feel bad. Back in the mid-70's when I was in Kansas, they had a law against "jay-parking" - I even got a ticket. (That's parking on the curb, facing the opposite direction of the flow of traffic)

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