Ticket for Open container

I was driving Jolie and Soda to an outcall in Pearland and Friendwoods last night.
I had a sipped of Lemonade 5% alcohol at a client's place. For some reason we decided to take the bottles that we were drinking in the car and started to drive toward Friendwoods. Got pull over by Hwy patrol. Fund out we have 2 open bottles. They tested me. Luckily I didn't get DUI or DWI.
I was wondering about the Ticket for Open container. Is that a serious case? What is the fine for that?
TransAm's Avatar
It's a Class C misdemeanor, punishable by a fine up to $500. Not a big deal, but DPS may hit you with points or surcharges if you're convicted. You should see if you can get a deferred disposition, and if they give you static on that, get an attorney.
That's more than I expected
If convicted, wait until your insurance company finds out.... I am pretty sure it is equal to a DWI surcharge, and many companies will probably non-renew you policy over it. If that happens, you will be paying for this ticket for at least 3 years with increased insurance rates.
If convicted, wait until your insurance company finds out.... I am pretty sure it is equal to a DWI surcharge, and many companies will probably non-renew you policy over it. If that happens, you will be paying for this ticket for at least 3 years with increased insurance rates. Originally Posted by GentlemanTexan
I'm working on it. Won't let it get too long..
Mojojo's Avatar
KayKay check your pm..... wondering why he searched the vehicle in the first place.

This forum should also help you out better.
KayKay check your pm..... wondering why he searched the vehicle in the first place.

This forum should also help you out better. Originally Posted by mojojo213
Mojojo,

I read this thread earlier, but.... I would bet, just about everything I own, that the container was in "Plain Sight".

That opens "Pandora's" box....

The bigger question is why did she get pulled over..... Now.... there is room for discussion, to have the "open container" dismissed.

Been there done that, but there are smarter, people that know more than I do here...
Go to court, ask the prosecutor for deferred disposition ( they may call it probation). When you go, wear something you'd wear if you were taking your grandmother to church. If they wont give you deferred...request a jury trial and get a lawyer.

You don't want it to stay on your record because it counts as an alcohol related offense when calculating surcharges for any future DWI.

Not sure what the fine is for Hwy Patrol, but it's about $272 for the City of Houston. It should either state the amount on the paperwork with the Ticket or give a website or phone number with the information.

I know a great criminal lawyer in Pearland. PM me if you need him.

Good luck.
Mojojo's Avatar
Go to court, ask the prosecutor for deferred disposition ( they may call it probation). When you go, wear something you'd wear if you were taking your grandmother to church. If they wont give you deferred...request a jury trial and get a lawyer. Originally Posted by LilMynx69
Lol why does everyone who's not a lawyer always make dress and appearance the determining factor? Look it's basic, if you can manage to talk the DA (chances are they won't without counsel because it's a slam dunk case for them if you have none) you can see if they will work out a deal with you.

You're better off just getting an attorney to do the talking for you unless you know the law and without a doubt can prove your story can over ride theirs if you end up having to go to trial.
Fair or not. Appearance does matter. And while I'm issuing reminders...turn you cell phone off outside, don't chew gum, be at least 15 minutes early, and don't read a newspaper.
Mojojo's Avatar
Minx you are correct about dressing conservatively though so my apologies for sounding as if i was mocking you.....also yes CELL PHONES OFF AND NO GUM!!!!!!
That's just about the sweetest thing I've read all day. Would you have liked it better if I told them my alternate tip? Dress like a flight attendant. Lol.
Mojojo's Avatar
That's just about the sweetest thing I've read all day. Would you have liked it better if I told them my alternate tip? Dress like a flight attendant. Lol. Originally Posted by LilMynx69
Well i prefer you advise them to dress in their sluttiest most provocative outfit then head over to my place.
KayKay check your pm..... wondering why he searched the vehicle in the first place.

This forum should also help you out better. Originally Posted by mojojo213
I don't recall reading that the OP's vehicle had been searched. The open bottles could have been in plain view.
Mojojo's Avatar
For some reason we decided to take the bottles that we were drinking in the car and started to drive toward Friendwoods. Originally Posted by kaykay
I don't recall reading that the OP's vehicle had been searched. The open bottles could have been in plain view. Originally Posted by acp5762
Yup plain view..