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Whats the cost of open container ticket and how does it affect license points?

Burke, VA |

I was charged a ticket for having an open container. However I was not drinking and driving. The violation was listed as 5-1-25. The officer did not tell me the price of the fine. What can I expect to have to pay and will it have an affect on my license if I was not DWI?

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Attorney answers 3


Your ticket will have information directing you to a court where your case will be handled.There could also be a telephone number for that court on the ticket,and posssibly a court clerks number to call for infomation.Please call the court and ask about the range of fines,court costs,and state assessments,if any, for a total owed when you enter a plea of guilty to the charge,and then decide whether to fight the charge,and hire an attorney

Victor Carmody.


5-1-25 is a reference to the Fairfax County Code under which you were cited.

Section 5-1-25. Possession of open alcoholic beverage containers prohibited.
It shall be unlawful for any person to possess an open alcoholic beverage container while in a public park, playground, or on a public street. Violations of this Section shall be punished as a Class 4 misdemeanor.

Class 4 misdemeanor offenses are criminal offenses punishable by a fine of up to $250.00. However, even though this offense is not punishable by incarceration, if you are convicted of this offense you will have a permanent criminal record. Therefore, it is important that you hire an experienced Virginia Criminal Defense Attorney to assist you with this matter.

T. Kevin Wilson, Esq.
The Wilson Law Firm
Virginia DUI & Criminal Defense...When Results Matter
9300 Grant Avenue, Suite 301
Manassas, Virginia 20110
Telephone 703-361-6100
Facsimile 703-365-7988


Mr. Wilson has explained the consequences. If you had been charged with Virginia Code § 18.2-323.1 (drinking while driving, which includes a rebuttable presumption that one has been drinking by the fact that there is an open container of alcohol in the passenger compartment of the car), it would also be a maximum $250 fine offense, and a three-points on your driving record.