Open container offense concern

What is the name of your state? Texas

I was recently cited with an open container violation. I have a couple of concerns:

My first concern is that the ticket violation is listed as "COMSUME (spelled wrong) ALCOHOL WHILE DRIVING".

I was not driving - I was in the the back seat - the driver was cited for not dimming headlights.

When I asked the officer about the wording on the offense, he said that his computer didn't have an entry for "open container" and this was as close as he could get. He told me that if the offense was as stated, I would be going to jail and not just getting a ticket. He also invited me back to his municipality to have more violations as he was bored. Is this inappropriate? (hence, my 2nd concern)

Will my insurance co. freak when they see the wording on the ticket?

Should I try to get it changed?

Thanks for the help!!

BigMistakeFl

Was what he said inappropriate? Yes

Will that have any bearing on the case and the evidence presented against you? No

Well, that makes sense. It just pi$$e$ me off.

btw, after exploring this forum, it has given me new motivation to not hit the sauce and get behind the wheel. I know that is little consolation to those in need of help, but it has been therapeutic for me.

I think you need to do a little bit of research to find out if you were actually charged with the wrong thing. If you are unable to do the research yourself, cough up some cash and ask a lawyer. Shouldn't be too expensive for him to tell you the answer. Basically, you want to know what law you are charged with violating specifically. I don't think the wording on the ticket makes much difference either way, but I have to believe there is a legal distinction between consuming while behind the wheel and consuming as a passenger. Go find the law you're actually being charged under and see what it says. If you are being charged for something you didn't do, then get a good lawyer immediately and he/she will be able to guide you through the process of correcting/fighting the charge.

As to the comments made by the officer: Yes, it was inappropriate and unprofessional, but hardly illegal.