I have an acquaintance that was stopped, I don't know the reason. He had 2 aluminum beer cans on the back seat floor of the vehicle. He was given a breath test, and sobriety test, and passed both. He was not drinking. Both cans were completely empty. He was given a citation for OPEN CONTAINER. Anyone who takes aluminum cans to get recycled would be guilty of that charge. He hired an attorney and was advised to plead GUILTY. He is a commercial driver who owns his own truck with authority and now can't get anyone to insure him. How can he reopen this case.
55-10-416. Open container law.
(a) (1) No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.
(2) For purposes of this section:
(A) "Open container" means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken;
I see a number of glaring holes in the elements of the case. He was given extremely bad advise.
Since this is not your case, it is very likely that you do not know all of the facts. Without all of the facts it's impossible to judge whether or not he was given sound legal advice.
It's possible, depending on how long ago he plead guilty and depending on what court he was in, that a Judge might allow him to set aside the conviction. It would not be easy to do so but it might be possible. He needs to contact his attorney or another attorney.
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