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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Underage Open Container / Drinking in Public

    My question involves criminal law for the state of: CALIFORNIA, LA

    Alright, this is a little messy...
    [please no preaching, whats done is done no need to share your thoughts...all i need is some advice and info. I am aware you do the crime you do the time, im aware this is results of very stupid decisions]

    Okay, my sister [19 years old] received a ticket last night with her friend in her friends car with the code 41.27c which i found is a "Drinking in Public" violation. However on the ticket the cop wrote "open container in pass. seat vehicle" in the description sections, which to me is a much stronger penalty than a modest drinking in public, and not necessarily the right code/violation for her offense.

    she currently has no license due to a DUI last september [first and only other offense]..lost her license for this year, a fine, classes etc. i know great right? uuugh

    i know this looks horrible. but i guess my questions are:

    what her fate in the court is going to be? [driving wise, fine? etc]
    also...are we only dealing with the charges the code they wrote?[drinking in public which isnt even possession of alcohol]
    ...and the written part about it being open in a vehicle will go unacknowledged? im thinking she has an upper hand in that sense. i know the addition of vehicles with driving makes things a lot harsher.

    anyways any help is appriciated. thanks.
    hope it all makes sense.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Underage Open Container / Drinking in Public

    She's still on probation for her DUI, right? She should talk to her criminal defense lawyer about possible probation violation proceedings.

    You have told us that she's charged with violating Louisiana Municipal Code, Sec. 41.27(C), governing drinking in public. That's a misdemeanor charge, with a penalty of up to $1,000 fine and/or up to 6 months in jail. We can't know if she's facing other charges unless and until you tell us.

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