This level of misdemeanor carries fines of up to $2, 000 with potential jail time of up to 180 days. The container must be completely sealed. If what you are asking is whether you should plea guilty at the arraignment, then usually the answer is going to be no. How to get an open container ticket dismissed in texas online. Changes around open containers, DWI and expungement make it difficult to keep current on every nuance of the laws. Pursuant to Texas State Park Regulations 59. To learn more about how to defend yourself against these kinds of charges and what steps you can take to ensure that they are expunged at a later date, please call 713-802-1631 and speak with one of the dedicated Houston criminal defense lawyers at The Law Offices of Tad Nelson & Associates today. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date.
CAN I DRIVE WITH A PREVIOUSLY OPENED BOTTLE? A Dismissal will allow a person to later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files. State eventually dismissed DWI charge.
Although the offense isn't jailable, for an officer to cite you for an open container violation implies that you've been driving which could escalate or compound the matter if you're accused of DWI. Specifically, car occupants are forbidden from having open containers in "the passenger area of a motor vehicle. Just plead guilty and pay the fines? If you're concerned about your career and academic aspirations, your auto insurance coverage, or social status, a DWI with open container record can become a roadblock to managing those concerns of fulfilling those aspirations. 08 and you aren't committing any other crimes in the process, you/your buddies will be issued a ticket and a fine. What you may not know is DWI charges don't always stem from actively drinking. An experienced DUI defense lawyer serving the metroplex will fight to protect your future from such consequences by working for a favorable outcome such as a case reduction or dismissal. This exception, however, does not apply to drivers. Penalties for Williamson County Open Alcohol Container in Vehicle Violation. How to get an open container ticket dismissed in texas state. The penalties always apply to the driver, no matter who is drinking (or holding the open container) in the car. This means that it may be possible to get the evidence excluded if the officers discover the open container without probable cause, without consent to search the car, and without arresting you for another violation.
If you have any upcoming court appearances, now is the time to call The Law Office of Jackson F. Gorski. 031 of the Texas Penal Code that is important to understand first. This means it's essentially a traffic ticket provided your BAC is below 0. Drivers can still be charged under Texas's open container law even if they're not the ones in possession of the alcohol. John Eastland Attorney at Law P. C. Can Help. Hiring the right attorney from the beginning is important. Though the open container statute has not changed significantly in more than a decade, many Texans remain confused about exactly what the state's open container laws cover. You always make sure every bottle and can is cleaned out before you take the bottles and cans back. Instead, hire Houston DWI lawyer Mark Thiessen and his team at the Thiessen Law Firm. Possession by a person of one or more open containers in a single criminal episode is a single offense. How to get an open container ticket dismissed in texas without. WHAT IS THE TEXAS OPEN CONTAINER LAW? "The Open Container Was in an Acceptable Part of the Vehicle". You can be charged with an open container violation, DWI, and will likely get several tickets for driving into a police cruiser.
Hiring a good lawyer and presenting a strong case in court can increase your chances of getting the ticket dismissed. Don't be fooled though. If you drink too much, you're more likely to get caught, and you're more likely to be ticketed. Also, in a single stop, each individual container in the vehicle represents a separate violation of the law, and each separate container will result in a separate citation. The Open Container Law in Texas in 2021. The stakes are high. Even in a situation where the container in question does not qualify under Texas law, the charge makes it clear why the tests were performed.
Suddenly what could have been a mere traffic ticket has turned into a chain reaction ending in a DWI felony charge. The offense can be upgraded to a Class B misdemeanor with 6-180 days of jail time and up to $2, 000 in fines if a DWI conviction is involved. Open Alcohol Container Defense Lawyer | Dallas, TX. So even if a driver seemed perfectly sober, when there is an open container in the car, an officer is well within his rights to require the driver to take a sobriety test in order to ensure the safety of others on the road. I know that from my personal business dealings. WE FIGHT FOR DISMISSAL.