I received an open container citation,do i have to plead guilty?

Asked over 1 year ago - Winston-salem, NC

There was an empty beer bottle sitting on the ground and i had a water bottle (tinted) that was full. The beer bottle wasn't mine , but i was charged anyway. I am a habitual felon with a healthy criminal record! If i carry out with my not guilty plea, how much time would carry if they find me guilty anyway?

Attorney answers (3)

  1. Mikael Ray Gross

    Contributor Level 11

    1

    Lawyer agrees

    Answered . NO, you never have to plead guilty. The outcome of the case clearly depends on your prior criminal history. Under Chapter 18B, the open container violation is a Class 1 misdemeanor which is punishable by a fine or up to two years in prison.

    You should consult a local attorney very soon to protect yourself and ensure you don't get a faulty conviction!

    The information provided herein is general information and not designed to create a lawyer-client relationship,... more
  2. Ernest Clarke Dummit

    Contributor Level 13

    Answered . You definitely need an attorney. The rules of evidence and criminal case procedure are too complex to represent yourself. Call Mike Fradin 336-777-8081

  3. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    Answered . It certainly sounds as if you have a defensible case. It can't hurt to get a free consultation from a locally experienced defense attorney. Obviously the best outcome is to beat the case. If convicted, the punishment may depend on your probationary status (if you're on probation) and if so, whether the terms prohibit the use or possession of alcohol. Best of luck.

    Jasen Nielsen

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