• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Open container (Harrisonburg, VA)

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bal

Junior Member
On April 6th, a day before my 21st birthday, I was given a ticket for an open container. Me, my roommates, our neighbors, and a few friends were outside. The neighbors had set up beer pong in the parking lot of the back yard of our apartment. I am on probation for a DUI. My probation ends on May 17th and I would not risk drinking out in the open and in public when I am so close to being off probation and when I wasn't even 21 yet.

I was playing a game of beer pong with one of my friends who was visiting, but I was drinking. There was water in the beer pong cups and I didn't have anything in my hand except a beer pong ball. I was simply playing beer pong with my friend. My friend who I was playing with did have a bud light can in her hand. As we were playing, a few cops walked up. The cops asked for our ID's. Since I wasn't drinking and didn't have anything in my hand, I wasn't concerned. I went in to get my ID and handed it to one of the cops. The cops pointed out that I only had a day until my 21st birthday, and implied that I had been drinking. I replied and told him I hadn't been drinking, but he told me that he saw me put something down on the beer pong table. I was confused because I nothing in my hand.

The two girls standing by me were the ones with alcohol in their hand and were the one who put down their alcohol on the table. But like I said, I wouldn't put myself in that situation when I am so close to being off probation.

Another cop proceeded to write me a ticket. I was very upset and didn't want to argue and try to defend myself anymore because they weren't going to believe me, and I didn't want to get in any more trouble considering my situation. My friends who were around me tried to talk to the cops for me but they weren't listening and didn't seem to care. Since it was a day before my 21st birthday, the cop only wrote me an open container charge and not an underage possession of alcohol.

What I also thought was interesting is that my friend who I was playing beer pong with didn't get charged for an open container. Most of the people who were outside when the cops came were holding alcohol, but the cops only charged the individuals who were under 21, giving a total of three people, not including myself, open container and possession of alcohol.

I called my case manager immediately to explain the situation, but since it was the weekend the office was not open. I called on Monday to make an appointment for that Tuesday, so that I could explain everything to my case manager in person. I'm still waiting for her to update me on what will happen. I also plan to fight this in court, and since I can't afford a lawyer, I think a court-appointed attorney would be my best option. I would like to know your input on my situation and what you think might happen.
 


FlyingRon

Senior Member
That's good you stopped. Cases are NOT tried on the scene. There's nothing you could have done that would have defended yourself. If you had constructive access to the alcohol, you don't need to have been holding it. It's not required they write up everybody, either. Given your other history, I'd recommend you get a lawyer on this one.
Unless the cop decides to roll over on you, you don't have a prayer of defending yourself. Unless the CA is willing to waive jail time (and may be even since you have the threat of the probation violation), you should ask for a public defender at your date.
 

bal

Junior Member
That's good you stopped. Cases are NOT tried on the scene. There's nothing you could have done that would have defended yourself. If you had constructive access to the alcohol, you don't need to have been holding it. It's not required they write up everybody, either. Given your other history, I'd recommend you get a lawyer on this one.
Unless the cop decides to roll over on you, you don't have a prayer of defending yourself. Unless the CA is willing to waive jail time (and may be even since you have the threat of the probation violation), you should ask for a public defender at your date.
Thank you for your reply. I didn't realize I could be charged for this even if I wasn't holding an open container. Could i get a public defender before my court date? and if so, what are the chances that they could be successful at defending me?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top