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Open Intoxicant - Passanger

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browning_121

Junior Member
What is the name of your state (only U.S. law)?
Wisconsin,

I got a an open intoxicant in a motorvehicle as a passanger, my buddy who was driving at the tiime got a dui and open intoxicant, and the other passanger got the same thing I got. the police administerd breath tests to the two other people, but ran out of plastic tubes so I could not take the test. They found three empty beer cans and a bottle of whiskey half full in the car (which we were not drinking). Do I have a shot at getting out of this one? It is being prosecuted by the city attourney for minaqua and he won't speak to me over the phone he wants me to come up for my trail date, I live in Madison 200 miles away, just wondering if it is worth my time. Thanks in advance for the advice.
 


FlyingRon

Senior Member
Sounds like by your own admission you are guilty. They don't have to breath test you because you don't actually had to have had consumed anything to get what they wrote you up for.

Unless the ticket has some option to plead guilty or otherwise duck the appearance you will need to appear.

I'm not familiar too much with Wisconsin, but my suggestion is to find a lawyer that handles traffic stuff like this in the county you are charged in and ask him. Most can give you a two minute consultation as to whether there is anything worth fighting (and if they could help you if you were to pay them).
 

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