My wife and I recently went through a safe driving check point (road block). The officer asked for my drivers license and asked me if we had any thing to drink that night. I told him no. He said he smelled intoxicants and asked me to pull over to the side. I did and he found a half of a beer in the door drink holder. It had been there for a day or two. We didnt know at the time it was in the car. He accused us of lying and my wife told him he was acting like a jerk. He pushed her against the car, and hand cuffed her. He give us both breathalizers and we both registered .000. He had another officer take the cuffs off and then wrote my wife a ticket for open container and made her poor out the rest of the beer. Are we just unfortunate victims of bad timing? Should we take our chances in court?
Criminal Defense Attorney
Although it appears the officer acted the way he did because your wife told him he was acting like a jerk, you admit to having an open container of alcohol which is a violation. Only you can decide if you want to press the case and go to court or settle it by paying the ticket.
DUI / DWI Attorney
In Arkansas there is no open container law. Our law is for drinking on the highway. The language of the statute is very specific. Since you and your wife had not been drinking on the highway there is no violation. It may not be worth hiring an attorney (it is only a class c misdemeanor and has a realatively low fine), but it is certainly worth fighting if you are so inclined. The Statute can be found at Arkansas Code Annotated 5-71-212. It is under part c of the public intoxication statute. Good luck.
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