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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Angry Wrongful Public Intox, Open Container Charge

    New years day I was a passenger in a car, pulled over and arrested in tennessee for public intox/open container. (the other two people were also arrested) When i got to station I was given the choice of a breathalizer test which i gladly excepted. I blew Zero!! Yet was still charged and placed in the drunk tank for several hours. My question is was i wrongly arrested? can I get out of this without a lawyer as I can't afford the $600. fine much less a lawyer. What should I do?? what are my options?
    Thanks ginazgreat My first court appearance is jan. 25th i intend on pleading not guilty.

  2. #2
    panther10758 Guest

    Default Re: Wrongful Public Intox/open Container

    If you cannot afford an Attorney request a public defender

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Wrongful Public Intox/open Container

    The standard "open container in a motor vehicle" statute seems inapplicable, although it authorizes local ordinances criminalizing possession by passengers. What specific law or ordinance were you accused of violating?
    Quote Quoting Tennessee Code, Sec. 55-10-416. Open container law
    (a)[indent](1) No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.

    (2) For purposes of this section:
    (A) “Open container” means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken;

    (B) An open container is in the possession of the driver when it is not in the possession of any passenger and is not located in a closed glove compartment, trunk or other nonpassenger area of the vehicle; and

    (C) A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.
    (b)
    (1) A violation of this section is a Class C misdemeanor, punishable by fine only.

    (2) For a violation of this section, a law enforcement officer shall issue a citation in lieu of continued custody, unless the offender refuses to sign and accept the citation, as provided in § 40-7-118.
    (c) The provisions of this section shall not be construed to prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting the passengers in a motor vehicle from consuming or possessing an alcoholic beverage or beer in an open container during the operation of such vehicle by its driver, or be construed to limit the penalties authorized by law for violation of such an ordinance or resolution.

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