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  1. #1
    Join Date
    Feb 2009
    Posts
    2

    Default Recieved Open Container Ticket in Public, Worth Fighting

    My question involves criminal law for the state of: Oregon

    I hope this is the appropriate forum to post this. From my research on the subject I've found DUI and DWI lawyers know the most on open container laws.


    Last night i was 2-3 houses down from a large party i had recently left. I was standing with 2 friends figuring out where to go next when several cop cars drove down the street with their lights on and stopped in front of the house. I then sat down on a bus stop bench watching and talking with my friends. Another police car stopped on the corner up the street from where i was sitting. At the time i had a beer in my hand but he was not able to see it from the angle he was at. When he turned the corner and headed towards me i put the beer down to the left of my feet (out of his line of vision).

    As he pulled over and parked i got up and walked to my friends asking where we should go next. He then quickly jumped out of the car walked towards me and told me to sit back down. I asked why and he again said sit back down. I told him i was 21 and there is no reason for him to be stopping me. He then said he was charging me for an open container in public. I told him i did not have a beer open. He said "if you want to lie you can do it in court" and proceeded to take my license and information down. I continued to deny having a beer or that the beer on the ground was mine. He checked the label and then crushed the can, there was hardly anything left in it. My friend tried to give him a statement and he threatened to arrest my friend if he said another word. My friend backed down and waited for him to give me my license back. Once this happened the officer asked if i had any question, i said no. He told me my court date and my friend asked if he could give a statement or his name to appear in court. The cop said he didn't need his information and he could appear in court regardless. My friend then explained that i could then have anyone appear in court. The officer then said "your opinion doesn't mean shit, you are biased as his friend."

    The officer walked back and go into his car and drove 2 houses down to the other cars to help bust the party.

    He did not take the can as evidence, and i'm sure he doesn't need it to convict as the cop's word always wins in court.

    I was fined for $115 and given a mandatory court date. I know from a friend of mine who got an open container that I will get the fine reduced and the ticket dropped from a misdemeanor to a violation, but is there any way i can argue to win this in court, or would it be worth getting a lawyer to defend my case?


    Thanks for your help.

  2. #2
    Join Date
    Feb 2009
    Posts
    2

    Default Re: Recieved Open Container Ticket in Public, Worth Fighting

    I also forgot to add that i have not received any prior drinking offenses (MIP, etc).

    This is my first offense outside of getting in trouble with drinking in the dorms at my my school, which does not go on police record.

    Don't know if that helps my chances of getting the fine lowered any more or anything like that.

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