Can I get an open container ticket if I was not pulled over? 11 Answers as of August 11, 2011

I was drinking with my friends and went inside my car to have a cigarette because it was cold. The cops come and find an open container in my car. Are they allowed to give me and Open Container Ticket if I was not pulled over or driving?

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Grant & Grant
Grant & Grant | Richard L. Grant, Esq.
Yes. You need to hire an experienced traffic attorney. If I may be of assistance, please contact myself.
Answer Applies to: California
Replied: 8/10/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Yes they can. If you are under 21 you will not want to plead guilty to this charge as you will have a 1 year license suspension.
Answer Applies to: California
Replied: 8/9/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It does not matter that you were not driving.
Answer Applies to: California
Replied: 8/11/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Can they?? Of course. Now you get to argue your case at court. You admit you were in a car with a can. Your defense argument is that you werent driving, which is really the intent of the statute. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial.
Answer Applies to: California
Replied: 8/9/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Any time you are in a car and you are drunk or have an open container you can be ticked or arrested for it. When you go to court it is up to the government to show proof that there has been a crime and that you were involved in it. You can show proof that there was no crime and/or that you were not involved.
Answer Applies to: California
Replied: 8/8/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    The law ( Veh. Code Sec. 23222 ) prohibits the possession of an open container in a vehicle thats on a public street. If the police had probable cause to believe it was there and you brought it in, you are liable.
    Answer Applies to: California
    Replied: 8/8/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    The answer is YES to both questions. This offense can have significant consequences and lead to a suspension of your license. An attorney might be able to get this reduced.
    Answer Applies to: California
    Replied: 8/8/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. Whether you are pulled over or not is irrelevant. But the good news is, this is a relatively minor charge, and an experienced lawyer can likely work out some kind of arrangment where the charge ultimately gets dismissed.
    Answer Applies to: California
    Replied: 8/8/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Yes, if the police walk by your vehicle and can see you have an open container in your car (even if it is parked) and they have lawful cause to be there to view this, then you can be accused of this offense.
    Answer Applies to: California
    Replied: 8/8/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes.
    Answer Applies to: California
    Replied: 8/8/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Yes. The open container ticket does not hinge on whether you were driving or not. It is very common for people to get open container tickets while on the beach. The fact that a car was involved does not matter. In California, you are not allowed to have open containers of alcohol in public.
    Answer Applies to: California
    Replied: 8/8/2011
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