Alcohol & Drugs: MIP, MIC, Intoxication open container urgent!!!

[maximilian]

the facts,
a friend was pulled over for speeding while driving my car.
car was eventually searched and turned up an open container.
open container ticket was issued but the ticket wich initiated the "pulling over" (speeding) was not issued.
can i beat this one the pretext that the evidence and search was obtained and conducted without probable cause?
i was not shown ,nore did i request, to see the radar reading.
no ticket for speeding was issued.
i live in a small town and cops get away with alot here. were my rights violated or am i just being paranoid?
court tommorrow so let me know

 

[Michael Wechsler]

I'd say that if the container was found in the passenger area of the car (front or back seat) where it can be in plain view... you will probably not beat it. If the open container was found in the trunk, then you might not even be guilty of having an open container of alcohol since the trunk would be the proper place to put it. We have no idea as to where the container was found, etc. so it is impossible to say.