I received an open container charge about two months ago and am about to go to court in a week. I was driving past a 7-11 with my friend who was driving, and a female passenger drinking a beer in the front seat. We drove past music blaring (not able to see three cops there because the acutal store is about 10 feet above road and not visible). We turn around and as we reach the top of the hill to enter the 7-11, we see the three cops. One approahces and opens passenger door without even asking. Asks driver to get out of car, driver has been drinking and ends up getting a DUI. Two other officesr approach from back. Right as we pulled in, female passenger did not want the rest of her OPEN BEEr and passes it to me. I had been drinking but not in the car. I now have the beer as there is a cop at the front passenger door (I am in rear passenger seat). I tried to hide it, but cops approaching from behind saw it. After waiting for driver to be convictged of DUI, I am charged with VC 23223 Open container violation.
1) Do I have any option of defending myself? I was not drinking in the car, but for some stpuid drunk reason, I admitted that the beer was mine. If female comes to court and admits she was drinking the beer, will that help me? Will she get in trouble?
2) What is the penalty? I've heard I can lose my license, but i thought that was only for a MIP. The woman said she was being nice by giving me VC 232223. Is this for people only over age 21? If so, than aren't I not guilty of this crime due to the fact that I was a juvenile when I committed the crime.
3) What happens if I plead guilty? I'd be willling to pay fees and do a diversion program if it meant not losing my license?
Any help appreciated.
Thanks,
Zach
1) Do I have any option of defending myself? I was not drinking in the car, but for some stpuid drunk reason, I admitted that the beer was mine. If female comes to court and admits she was drinking the beer, will that help me? Will she get in trouble?
2) What is the penalty? I've heard I can lose my license, but i thought that was only for a MIP. The woman said she was being nice by giving me VC 232223. Is this for people only over age 21? If so, than aren't I not guilty of this crime due to the fact that I was a juvenile when I committed the crime.
3) What happens if I plead guilty? I'd be willling to pay fees and do a diversion program if it meant not losing my license?
Any help appreciated.
Thanks,
Zach
