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Open Container Help!!

Posted on : 07-03-2009 | By : Legal Information | In : Other Legal Topics

1

Ok I was pulled over the other day, I had 3 drinks prior to driving, and had beer cans in the car. I know this was very dumb, but it happened. The officer smelled the beer, took me out of the car for a sobriety test. I did the test where you have to follow the pen with your eyes, and he did not tell me whether or not I passed (I think I did). Anyways, he said he was doing me a favor and was giving me a citation for having an open container in the vehicle ($500 fine). He then told me that if I tried to fight this in court, he would bring further charges upon me (DUI, MIP etc.). I am still considering fighting it nonetheless. First of all, I’m not sure if it’s even possible to bring further charges on me and he was just trying to scare me. I never took a breathalizer, and he didn’t take the container or anything for evidence. I also feel like this might be some sort of blackmail, which definitely isn’t legal. Please help me with any advice you have.

On a side note, I have never had any problems with the cops before, I haven’t even been pulled over before prior to this incident. I feel like this would also help me in court if I choose to fight it. Thanks for your help!!

-Massachusetts

Answers (1)

Call Kim Carnevale at 888-437-7747 for a consultation.

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