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Their was an open container in the back seat where I was sitting but I was not drinking it?

Watsonville, CA |

Even the officer said I didn't smell like beer or my breath either but still got the ticket and I am under 21

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Attorney answers 3

Posted

Do you have a specific question you'd like answered?

This is NOT legal advice. No attorney-client relationship exists.

Asker

Posted

If I plead guilty about how much will it be for the fine? In my case

Asker

Posted

I was not drinking at all but the open container was in the back seat where I was and got cought for it I didn't know who's it was I had just gotten picked up would their be a chance I can beat this case?

Mohammad Ali Salimi

Mohammad Ali Salimi

Posted

Because you're under 21, it's considered a "misdemeanor" which means you could face the possibility of jail time of up to 6-months if the judge deems it necessary. The maximum fine is $1,000.00 but that does not include penalty assessments (think of "penalty assessments" as taxes). You were only *charged* for violating the Open Container law; you have not been convicted. You could have a defense. It all really depends on the facts and circumstances surrounding your case. It will likely cost you some money to hire a lawyer but it would be money well spent on having an advocate and professional representation in court to give you the best possibility of not getting convicted. You need to think long-term about this: You don't want to have this conviction in your criminal record. Look for attorneys near you on this site or check with your local bar association to find an attorney. Good luck, stay out of trouble, & be careful with your record!

Asker

Posted

Thank you

Asker

Posted

So if I hire an attorney how much would it come out to be? And would it help my situation to not get suspended license? I don't have a license yet.. And should it be better to get into a fever soon program and plea bargain?

Mohammad Ali Salimi

Mohammad Ali Salimi

Posted

It's difficult for me to tell you how much attorneys fees re going to run you. Some have flat fees and others charge an hourly rate. I would begin calling attorneys and explaining your situation and see if you can find one to represent you at a price you can afford. Many attorneys have payment plans too but just start the dialogue with a few local attorneys around you. I don't know what a fever program is.

Asker

Posted

Ok thank you and I ment would I be able to get into a deversion program would that help my case? It's also my first ticket

Mohammad Ali Salimi

Mohammad Ali Salimi

Posted

Diversion is typically used for cases involving drugs. Once you speak to an attorney, you can strategize your best defense. Good luck!

Asker

Posted

Ok thank I appreciate it

Posted

The good news is it appears you were only cited with an open container and not a DUI or an infraction under zero tolerance law. Pleading guilty to this charge will still result in a 1 year license suspension. Hire an attorney.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

Asker

Posted

If I were to plead guilty should I still hire an attorney?

Posted

Get an attorney. Your court might have a program to avoid suspension.

Asker

Posted

Wat if I don't have a license?

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