Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Mar 2010
    Posts
    3

    Default Two Tickets - DUI and Open Container

    I am in Alabama now, a visting student, just arrived in US before 6 month. last Friday evening, I hosted a small dinner party. We got some alcohol beverage and then went to a bar till the 2:30 am of the next morning. Before I tried to drive my car back home, my friends gave me a test about balance control, felt not bad.

    But unfortunately, I met police of speeding. Policeman gave me some tests (no field test) and then took me to the station for the breath test. The result was 0.07, but I still had to stay in the jail till the next morning.

    Now I have two tickets, one is DUI, another is about open container non violation. My driver lincese was surrunded with the form AST-60. I have to go to the court on my court day.

    I do not know what is the potential punishment for me? Because this is my first time to meet this trouble even the first time to be relation with police in my life. The biggest problem is I have no job, no income, the money given by my government is just very samll and just can support my basic living in US.

    After I paid 80 dollars then come back, but nearly every evening I was wakened by nightmare. So please tell me what I can do? After about 6 months I have to go back my country.

    please help me give me some suggestions. Thanks so much!!

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

    Default Re: Two Tickets - DUI and Open Container

    Given the .07 BAC, I suggest working with a criminal defense lawyer and trying to negotiate the drunk driving charge down to a traffic violation. I can't speak to the open container violation; apparently you had open alcohol in your vehicle when you were pulled over.

    Check with the court in which you're charged to see if you qualify for a court-appointed lawyer.

  3. #3
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Two Tickets - DUI and Open Container

    Quote Quoting Mr. Knowitall
    View Post
    Given the .07 BAC, I suggest working with a criminal defense lawyer and trying to negotiate the drunk driving charge down to a traffic violation. I can't speak to the open container violation; apparently you had open alcohol in your vehicle when you were pulled over.

    Check with the court in which you're charged to see if you qualify for a court-appointed lawyer.
    Thanks for your reply. But I am not drunk driving, just DUI, (BAC is .07 while not .08 or above). As for the open cantainer, it was empty, I just took it as a support for the engine cover of my car, set it in back seat but I forgot to take it out, it is really nothing to do with my drinking. I really do not know what I can do ! in addition, my driver license has been surrended by a form, now I can drive but the valid time is just 45 days after my arrested time. so my question is that, what I should do to get my formal license? Thanks, any help is appreciated!

  4. #4
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Two Tickets - DUI and Open Container

    Quote Quoting Mr. Knowitall
    View Post
    Given the .07 BAC, I suggest working with a criminal defense lawyer and trying to negotiate the drunk driving charge down to a traffic violation. I can't speak to the open container violation; apparently you had open alcohol in your vehicle when you were pulled over.

    Check with the court in which you're charged to see if you qualify for a court-appointed lawyer.
    On my court day, I just only admit the guilty of the open container, but I want to provide some pictures and one guy if necessary to prove it was really nothing to do with my drinking lastime. I will not feel guilty about DUI, firstly I was very compatible with officer for whatever test; Secondly, Engluage is my second language, and I felt very nervous because of the first time to meet police officer since I arrived US. in addition, in the midnight, I felt cold. Which above made the officer give me a false result DUI from my sobriety test. Thirdly, my BAC is .07 (less than the illegal level).

    What I state above can be as an effective defense? Thanks so much!

    1. Sponsored Links
       

Similar Threads

  1. Open Container Laws: MIP and Open Container
    By SchmisterTyler in forum Criminal Charges
    Replies: 3
    Last Post: 11-28-2010, 10:11 PM
  2. Open Container Ticket - I Did Not Know the Container Was in the Vehicle
    By mov in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 11-23-2010, 11:44 PM
  3. Criminal Records: Open Container
    By 100 in forum Criminal Records
    Replies: 5
    Last Post: 10-15-2010, 08:24 PM
  4. Open Container Laws: MIP and Open Container
    By spirit3 in forum Criminal Charges
    Replies: 3
    Last Post: 10-27-2009, 06:41 PM
  5. Open Container Laws: Multiple Open Container Tickets (Ontario, Canada)
    By cpncanuck in forum Criminal Charges
    Replies: 1
    Last Post: 09-25-2008, 05:06 AM
 
 
Sponsored Links

Legal Help, Information and Resources