Open Container in a Motor Vechicle

[thatoneguy_]

My question involves an injury that occurred in the state of: California



I was pulled over one night about 2 months ago as the driver with 3 friends in the car and the police searched my car and found a bottle of liqour that was opened i had not been drinking it was basically all the way full still but it was opened.They did not use the breathalyzer on me or any of us. The officer only gave me a ticket it sais it is an Infraction and it has , 23221 (a) open container, not correctable. I'm 18 years old so this would be Minor In Possesion right ? I'm not sure if thats the right violation code for minor in posession. I tried to pay the fee online which sais a total of 367$ , but it didn't let me because it sais i have a mandatory appearance in court. I have court tommorrow and I don't know what to expect.
I would like to just pay it and get it over with. When I go to court is the judge just going to ask me how I plead? what are the consequenses to this?

[adjusterjack]

The officer only gave me a ticket it sais it is an Infraction and it has , 23221 (a) open container, not correctable. I'm 18 years old so this would be Minor In Possesion right ? I'm not sure if thats the right violation code for minor in posession. I tried to pay the fee online which sais a total of 367$ , but it didn't let me because it sais i have a mandatory appearance in court. I have court tommorrow and I don't know what to expect.
I would like to just pay it and get it over with. When I go to court is the judge just going to ask me how I plead? what are the consequenses to this?

This is a big deal. It's not something you want to just pay and get it over with.

23221(a) - No driver shall drink any alcoholic beverage while in a motor vehicle upon a highway.

So that's not minor in possession (23224) nor is it open container (23222 or 23223).

See them at:

http://www.leginfo.ca.gov/cgi-bin/di...=23152-23229.1

Once you get to court and somebody figures out the discrepancy, it's possible for the charges to be amended and you could end up losing your license until you are 21. On top of that your car insurance is likely to be cancelled and you'll end up paying three times the rates to get insurance again.

Again, very big deal. Big enough for you to call a DUI attorney before you go to court tomorrow and get some advice no matter what it costs you.

One way or another, I suggest pleading not guilty so you have time to get a lawyer.

Meantime, this is a life lesson in how to pick your friends and how to be ever vigilant about what your friends bring into your car.

[thatoneguy_]

So you think the violation was a DUI? Even though on the ticket it sais Open Container

[adjusterjack]

I have no idea.

That's why you need an attorney.

[cdwjava]

No it is NOT a DUI. It has a fine of approximately $367 and cannot generally be amended in court (though some judges might allow it). Odds are the officer is not going to amend it in court, and he lacks the standing to do so. If he amends it before court, that's another matter.

Since he could amend it, if you want to avoid the slim possibility of an amendment to a MIP (which would mean a mandatory one year license suspension) you might consider going down and paying the fine ASAP (or, as soon as they have it in the system). Paying it now generally resolves the matter and they can't amend it afterwards.

[thatoneguy_]

It couldnt have been a DUI now that i think about it because they let me drive away. Do you think its possible the judge could change it to a MIP at the last minute?

[cdwjava]

It couldnt have been a DUI now that i think about it because they let me drive away. Do you think its possible the judge could change it to a MIP at the last minute?

No, the JUDGE will not amend the charges. If the officer does not do that, or the DA does not step in and modify it (which is unlikely since the DA does not receive traffic infractions), it will not be amended.

If you want to preserve the offense as it is and are willing to pay the fine, pay it sooner rather than later and the matter will be resolved.

This is NOT a DUI nor is it an MIP.

[thatoneguy_]

So I just got lucky that the officer didn't put the right violation code? I have court in a few hours I hope its as easy as just pleading guilty and paying a fine .

[cdwjava]

So I just got lucky that the officer didn't put the right violation code? I have court in a few hours I hope its as easy as just pleading guilty and paying a fine .

Maybe. Or, maybe he was being generous and cited you for the least possible offense. Consider yourself fortunate.