Possession of an Alcoholic Beverage in a Motor Vehicle, also known as possessing an Open Container, is where an individual knowingly possesses an open container of alcohol in a passenger area of a motor vehicle.
The Texas Alcoholic Beverage Code Sec. 49.031. Possession of an Alcoholic Beverage in a Motor Vehicle (Open Container Law) makes it illegal for a person to knowingly possess an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked.
For individuals arrested for Possession of an Alcoholic Beverage in a Motor Vehicle, also known as possessing an Open Container, the offense is a Class C Misdemeanor, meaning the individual could face fines of up to $500. An offense under this section is not a jail offense.
The most common Open Container arrests are the result of being stopped in a car where an officer personally observed an individual drinking alcohol, either while driving, or once pulled over for a different offense.
A Lawyer can help with an Open Container case is several ways. First, a Lawyer can appear in court for you, which helps you avoid missing work or school. Second, a Lawyer actively defends your case by reviewing the reports and evidence, to determine if there's enough evidence to actually bring the charges. Lastly, a Lawyer meets with the Prosecutor and Judge, all in an effort to try and dismiss the case.
Don't go to Court without a Lawyer! A typical Open Container ticket in Austin carries with it (on average) a $350 fine plus court costs. Many times, multiple court settings are requried. Add into that the cost of a Bond, lost wages from work, travel, parking, and other costs, and you could be looking at close to $800! A Lawyer can help with all of that, and for a fraction of the cost. Plus, the results a lawyer will acheive are almost always better than if you walked into court yourself, without a Lawyer -- both in disposition (outcome) and in costs. Find out the benefits of a lawyer for your PI case. Call us.
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