Open Container

I recived an open container citation, when i was in the back seat of my friends car, coming home from the bar, i was drunk and so were the other passengers, the driver was sober, and the driver passed a car on a no passing road, we got pulled over and the 18 pack was opend from friends drinking befor going to the bar, it was in the middle of me and my friend in the back seat. well the cop searches the car cause we are all wasted and he smells us. so we get out and then he finds two smashed cans under the front seats of the little honda civic we are in. so he says every one is getting citations for OPEN CONTAINERS. my 2 friends that wernt drivin did not sign the ticket to appear in court, and got aressted and time served, i sign the ticket and now am fighting it in court cause i did not know there was old beer cans under the seats from god knows when! any tips or anything i should do when i go to court tomarrow? think i will have to pay the 110$ fine that i am inocent for?

I am not sure of the significance of the cans under the seat. You admit there were "fresh" open case--opened cans or opened cardboard box? ----and, really, pleading that you didn't know there were cans under the seat seems a bit elementary. If I were to get into a car drunk with people who were drunk, I am not certain I would CARE what was under the front seat. You want the police man to believe that the case is opened ( implied some was missing) BUT the cans under the seat are NOT from that case? Unless they were a different kind of beer, you are going to have a hard time disproving the obvious.

However, generally speaking, when you go to traffic court, your attitude makes the difference in your sentence. Your attitude makes all the difference. Police and Judges hear the "Well, I didn't know..." story EVERY day. Two things you need to do. Admit where you WERE wrong, but also point out that where you DID make an effort to be right. I would say, "Your honor, while I realize that I was intoxicated after being with friends at a bar <designated drinking place> ( this is important--you weren't cruising around drinking) and while I realize that I did choose a designated driver who had NOT been drinking since I know drunk driving is a serious crime, I did, however, fail to exercise due care in making sure the vehicle did, in fact, meet the standard necessary to avoid this charge ( i.e. the opened presumably "old" containers under the seat). Saying something like this lets you acknowledge the seriousness of the act, while still pointing out that you DID exercise SOME due care ( designated driver ). This is very different from someone who merely gets behind the wheel of a car.

Now, if the "old" cans under the seat were the same kind as the cans in the case, I think you need to change your tactic completely, or just realize you are nailed and pay the fine--perhaps ask for a reduced ticket. Trying to convince a judge those cans did NOT come from that case, especially if the number of cans match the number missing from the case, is insulting and clearly indicates you are lying and you will probably have to pay the full ticket.

Key: Honesty. Admit wrong doing--this isn't a felony trial for goodness sakes. Its a traffic ticket. Admit where you are wrong, point out where you were right, and ask them to work with you.

Sit tight for the "call a local attorney and ask" posting to follow.

What is the location? I would advise finding a local Lawyer.
Good Luck

God, I love my job.