Open container

[texaswoman2356]

What is the name of your state? Texas. How can a passenger get an open container citation when he's not the owner of the vehicle and was not in possession of the open container it was under the seat and empty.

 

[Silverplum]

What is the name of your state? Texas. How can a passenger get an open container citation when he's not the owner of the vehicle and was not in possession of the open container it was under the seat and empty.

I don't know. How did he?

 

[texaswoman2356]

That's what I am trying to figure out. I am asking about the laws pertaining to open container. Is this not the place to ask these type of questions? Sorry new to this site.

 

[Silverplum]

That's what I am trying to figure out. I am asking about the laws pertaining to open container. Is this not the place to ask these type of questions? Sorry new to this site.

What you'd need to do is explain the situation, and how this came to pass. Only then could someone figure out what's wrong, if anything.

 

[texaswoman2356]

My son was a passenger when his friend got pulled over for speeding. The officer smelled alcohol on the driver and asked if there was anything in the car he needed to know about. The driver said yes an unopened beer and an empty beer can underneath the seat and gave it to the officer. The officer, instead of taking the driver to jail for a DWI gave him an open container citation as well as one to my son. Why did my son get one when 1 he wasn't driving, 2 it's not his vehicle. I don't know the law regarding who's responsible and who's not that's what I am trying to find out.

 

[BigMistakeFl]

BigMistakeFl

Is your son a minor?

 

[texaswoman2356]

He's 18. Could that be why the officer just gave them open container citation instead of charging with DWI or public intox cause they are both under 21?

 

[Silverplum]

He's 18. Could that be why the officer just gave them open container citation instead of charging with DWI or public intox cause they are both under 21?

Ta-Da!
See what happens when you explain stuff instead of being coy?

 

[texaswoman2356]

Nothing about my initial question was coy. I still don't know how my son got an open container citation when HE wasn't at fault. It was the drivers not his. And the Texas law reads an open container is an alcoholic drink open and partially consumed. Doesn't say anything about an UNopened beer or an empty beer can.

 

[garrula lingua]

Texas does things in their own unique way.

It appears common to charge all in the car when contraband is discovered.


He can take it to trial (in Texas, they do jury trials on simple traffic tickets and divorces), but the conviction rate is pretty high.
His friend may testify that both cans were his and your son was unaware of their presence (if his friend told the Prosecutor that, the charges may be dropped immediately).

Get a good criminal attorney for him.

 

[gugen]

where was the empty beer can, under the passenger or under the driver's side seat? in these kind of cases it's easier to get the passenger off because it's harder to prove that the passenger actually "knowingly possessed" the item. the officer probably gave ur son a ticket because he didn't know for sure who's it was, and that it's easier to just give both of em a ticket if both probably had access to it. this is only a class c misdemeanor, if u get an attorney it might cost you more for the defense to get him off, class c misdemeanor is up to $500 fine.