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  1. #1
    Join Date
    Jun 2016
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    3

    Default Car Passenger Charged With Open Container

    My question involves criminal law for the state of: Pennsylvania
    I was a passenger in the car when my friend was pulled over for speeding. The officer thought just cause to do a sobriety test which my friend failed. The officer asked if I had anything to drink which I told him I did. He never asked my name or for my license. There was a cup with a small amount of beer that had an empty cup under it. It was not mine. The tow truck came to impound the car - I was instructed to find a ride home. my friend was taken to the station with the officer. Ironically - we all remembered that we have met before and we have a mutual friend. Apparently our mutual Friend was called by this officer and he asked our mutual friend my name. Two weeks later I receive an open container ticket in the mail. It reads "Restriction on Alcoholic Beverages" Section 75 article 3809. It was stated that there were two cups on the floor board and that I asked driver to dispose them. this was not the case. The fine was $125 (including court costs). What do I do? I had a dui 2 years ago - and it was a mess. I would pay fine but that is admission of guilt. Will that affect my record and car insurance? Is it possible to fight this? I feel railroaded. I am a wreck about this . We were all at a game - my wife drove many children home so I asked him to give me a ride home - not sure what to do.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Passenger Open Container

    Open container is a summary offense. You weren't driving, it should not affect your driving record. Your record already sucks. Possession has nothing to do with ownership. You can see if a lawyer can help you, but most likely it's not worth fighting.

  3. #3
    Join Date
    Jun 2016
    Posts
    3

    Default Re: Passenger Open Container

    That's the point - I have a terrible record and has affected the entire family. struggled to get insured - pay tons of money - worries about being dropped. Don't want another blemish. This was such bad luck. The chances a policeman hunts my name down after the fact - ugh

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Passenger Open Container

    Your CRIMINAL RECORD isn't going to affect your insurance. This charge will not be on your driving record.

    "Bad Luck" is not what I describe willful breaking of the law. You should get some help with your alcohol problem. You have all the diagnostic signs.

  5. #5
    Join Date
    Jun 2016
    Posts
    3

    Default Re: Car Passenger Charged With Open Container

    Yes - bad judgement. Should have not have taken a ride with my friend. Thanks for the answer.

  6. #6
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Car Passenger Charged With Open Container

    Quote Quoting PAhelp
    View Post
    Yes - bad judgement. Should have not have taken a ride with my friend. Thanks for the answer.
    No your bad judgment is your continue drinking of alcohol.

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