I got an open container citation on hillsboro during the hike. The cops who gave it to us said that it was no big deal, show up, pay a fine and move on. However, my friend went to go see UNC's student legal advisors and they told us that it was a mideanor and is far more serious than what the cops told us and that potiental employers will see it. We tried calling the DA but they were absolutely no help at all. Now I'm freaking out and right before exams too. Has anyone been through this before and what did you do?

4/30/2007 2:43:34 PM

very few employers are going to care about an open container ticket.

4/30/2007 2:44:37 PM

i had a friend get a bullshit one on halloween while holding open the door for our building when his sister came over

he talked to a magistrate about it and he agreed to take it off of his record for something like 20 community service hours

4/30/2007 2:53:05 PM

So, perhaps a better idea wouuld be to not walk around with an open container?

4/30/2007 2:57:24 PM

We were standing outside the wolfmart

4/30/2007 2:59:27 PM

You can't drink in a c-store parking lot. I thought everyone knew that. In fact, there are usually signs posted that say as much.

As for the cop, I doubt he really even knew(or gave a shit) what the consequences of tickets are. The justice system is a mystery, even to them. Get a lawyer, drop half a grand on this and your problems will likely disappear.

4/30/2007 3:03:22 PM

or just take the stupid alcohol class and get it expunged if you're really upset about it.

4/30/2007 3:04:58 PM

glad I didn't go through with my urge to brown-bag it

4/30/2007 3:08:26 PM

^^ exactly

I got a ticket a few years ago. You can pay the fine and move on (no one will give a shit about an open container ticket) or you can ask to take the drug class and have it expunged from your record (and give up a couple saturdays and pay an additional $250). I took the class, but if I did it again, I'd probably just pay the fine.

[Edited on April 30, 2007 at 3:10 PM. Reason : ]

4/30/2007 3:10:26 PM

Do everything possible to get rid of it.

If you ever would want a security clearance it's better to get rid of it. Even if you think you probably won't need a clearance, it's better to assume that you will -- just in case.

^if that's all you have to do it's definitely worth it.

[Edited on April 30, 2007 at 3:35 PM. Reason : .]

4/30/2007 3:35:08 PM

i have security clearance and ive had more serious charges than that. having that on your record will not prevent you from getting clearance (by itself)

even if you get rid of it, the government has access to all expunged files, so getting it off your record will not prevent it from being seen during the security clearance process.



[Edited on April 30, 2007 at 3:37 PM. Reason : ;]

4/30/2007 3:36:19 PM

its two saturdays and you get out early, i just slept through them

theres no reason to waste an expungement on this, take the class but save the expungement

4/30/2007 3:37:18 PM

misdemeanor = shit, just pay fine and move along (fine is all you will get with no priors)

4/30/2007 3:37:57 PM

There are different levels of clearances.

Secret = anybody can get --even a hard criminal such as yourself.
TS/SCI Full lifestyle poly = very hard.

personally I would rather not have any shit on my record.

Quote :

", the government has access to all expunged files,"

Perhaps you should read section 23 of SF-86 again.

And save the expungement for what? I was unaware there was a limit. Or how about quit breaking the law.

4/30/2007 4:05:36 PM

i took the alcohol class...got the charge dismissed

saved my expungement in case i have to kill a hobo cause a dog tells me to

4/30/2007 4:11:34 PM

I saw officer Droughton out there "serving the public" on hike night...

In my opinion, thats such a shitty job to police kids for open containers, alcohol tickets, and noise ordinances...what a waste of resources.

4/30/2007 4:34:07 PM

I just thought of something. Do I have a trip to the office of student conduct in my future?

4/30/2007 4:36:23 PM

My sister got an open container ticket in greensboro walking her friend from her porch to her car which was parked directly in front of the house. She stood there for one minute talking and the asshole cop busts out of the trees like a ninja or some shit and gives her a ticket. Meanwhile, Sidney Lowe Jr. probably shot a teenage girl while carrying 30 pounds of marijuana on his back. Cops who give drinking tickets to non-intoxicated people minding their own business are useless.

[Edited on April 30, 2007 at 4:41 PM. Reason : ]

4/30/2007 4:40:49 PM

^^I don't think so, unless they gave you a campus appearance ticket at the time.

4/30/2007 4:43:57 PM

so a better idea would be to move to a free country?

4/30/2007 5:16:47 PM

its not a misdemeanor - its an infraction

there are no consequeces if you pay it and it does not show up on your record

4/30/2007 5:33:57 PM

^ That is what the cop said. He said something like "Its a violation of a city ordinance. Pay a fine, move on." My friend, who goes to UNC, went to their student legal advisors and they told him it was a misdeanor and we should get representation. I have a free consultation with a lawyer next week but I feel like he will tell me I need representation regardless. Hence my confusion.

4/30/2007 5:40:20 PM

City ordinance violations are misdemeanors.

Misdemeanors must be reported on most employment and apartment applications therefore are worth avoiding.

A lawyer will probably handle this for $250.00, the ticket is already a hundred and some change right? Cough up the other hundred or so and you will never have to worry about this ticket later in life.

If the money is an issue then go to court for it and they will probably tell you to do some volunteer work and bring in proof of it in return for the ticket being dismissed.

4/30/2007 5:43:35 PM

"Open Container" = Who Cares.

theres not a job in the world that would disqualify you for this, except maybe substance abuse counselor.


seriously... who cares. plead guilty. accept the fine. decline any classes, and go about your life. dont waste money on a lawyer. after 7 years of no one giving a shit, you can have it expunged.

4/30/2007 8:21:23 PM

not all city ordinace violations are misemeanors. I got one for speeding down Avent Ferry and the cop wrote me a city ordinace moving violation. When i went downtown the DA said it equaled to a parking ticket so i just paid it. I would just go ahead and get rid of it. It saves you the hassle of always writing it down and explaining what happened.

4/30/2007 8:25:15 PM

If you get a lawyer it will be more, but it could get dismissed at worse you’ll do community service. I got off with an “oral discussion” which was my lawyer talking to the DA about how I understand the law.

4/30/2007 8:26:37 PM

Quote :

"oral discussion"

so that's what they're calling it these days.

4/30/2007 8:36:22 PM

no one gives a shit about underage drinking or open containers.

4/30/2007 8:39:25 PM

Quote :

" A lawyer will probably handle this for $250.00, the ticket is already a hundred and some change right? Cough up the other hundred or so and you will never have to worry about this ticket later in life."

i remember when i took my alcohol class we all had to tell our stories about how we ended up there. it was funny how many people paid for lawyers just to end up where i was. dont get a lawyer.

4/30/2007 8:48:39 PM

^, ^^

what they said.

just pay the fine and tell 'em to stick any classes in their ass.

do not waste more money than you have to.

do not sign yourself up for some stupid schedule of classes or service that you might wind up fucking off anyhow, and be right back where you started.

no one will care. ever.

4/30/2007 8:55:49 PM

*hillsborough

5/1/2007 9:42:24 AM

yeah if you ever apply for a job for the state you don't want that shit on your record.

I got a similar ticket- except i was under age. I had to do the 90/96 program and get it expunged. It is kind of like wake county's way of taking care of the middle to upper class. pay a couple hundred bucks and nobody knows you used to be a fuck up.

5/1/2007 9:48:39 AM

Quote :

"I have some words of advice for you hikers. No matter how many people do it, no matter what anyone tells you, IT IS NOT, I REPEAT, NOT LEGAL TO HAVE AN OPEN CONTAINER ON THE SIDEWALK. The plainclothes will bust you. You WILL get a ticket. If you're a student, you WILL get in trouble with the school. DO NOT DO IT. STAY IN THE BAR. That is all."

http://www.thewolfweb.com/message_topic.aspx?topic=473047&page=2

and I've gotten several jobs without that ever coming up, by the way. My fiancee is a teacher, and was when she got her ticket, and nobody gives a shit. just pay the fine.

[Edited on May 1, 2007 at 10:29 AM. Reason : .]

5/1/2007 10:28:02 AM

you'll never be able to work at a nuclear facility, but otherwise it's a bullshit charge.

5/1/2007 12:16:29 PM

Quote :

"DirtyGreek All American 28107 Posts user info edit post I have some words of advice for you hikers. No matter how many people do it, no matter what anyone tells you, IT IS NOT, I REPEAT, NOT LEGAL TO HAVE AN OPEN CONTAINER ON THE SIDEWALK. The plainclothes will bust you. You WILL get a ticket. If you're a student, you WILL get in trouble with the school. DO NOT DO IT. STAY IN THE BAR. That is all. "

oops

5/1/2007 3:53:16 PM

Quote :

"you'll never be able to work at a nuclear facility, but otherwise it's a bullshit charge. "

oh bullshit.

one open container citation will not even prevent you from getting DoD Top Secret clearance, much less DOE.

however, if you're the type of person who *gets* open container citations in the first place, then chances are you've probably got other stupid shit on your record than just that.

but if thats the only thing you have? Fuck. any background investigator will just laugh. you're a goddamned Saint if thats the only thing on your record.

5/1/2007 6:34:40 PM

I appreciate all the advice guys, but its seems there is no clear consensus. My lawyer consultation is free so I'll at least hear what he has to say. I'll probably end up paying this off just to keep it off my record. I'll let you know how it goes.

5/1/2007 8:54:59 PM

^^try it then. I know two people that were told by progress energy that they would not be allowed to work at the brunswick plant after getting open container citations.

5/1/2007 10:30:30 PM

^ i know for a fact that an open container citation is not enough to cause you to fail a DOE (or DoD) background test.

Quote :

"try it then."

no point. i'll get denied for other reasons.

5/2/2007 1:14:47 AM

this isn't a big deal - as long as you disclose it nobody cares

i've gotten a job working with the feds in a lab, the state in a lab, a group handling new technology out of NASA, CDC, DoD, and at a bank and i have some items you are obligated to inform employers about

there's a space on the form for a reason, the only real problem arises when you don't fill it out

of course i would have neither item on my record if student legal services had bothered to be informed in changes in NC law circa 1997 and directed me to any other info source instead of telling me the matter was resolved

[Edited on May 2, 2007 at 2:03 AM. Reason : -]

5/2/2007 2:03:23 AM

I always wonder how we got such asinine laws in a country so renowned for its freedom

Quote :

"^ i know for a fact that an open container citation is not enough to cause you to fail a DOE (or DoD) background test."

He's probably talking about some silly private background check

[Edited on May 2, 2007 at 2:17 AM. Reason : fd]

5/2/2007 2:15:14 AM

I spoke with my lawyer today and here is what he told me.

- This is the smallest infraction you can possibly get.
- Do 24 hours of community service before my court date.
- He will go to court for me and will most likely get it dismissed completely. I.e. no court fees, no fines, nothing on my record.
- Pay him $300

He wasn't hard selling himself and said that it was such a minor infraction we shouldn't lose sleep over it. My friend and I have decided to go with him because we aren't as certain we can get it dismissed by ourselves. The total then adds up to $200 without a lawyer under best case and more if we have to pay for an alcohol education class. To me, the extra $$$ is worth the assurance it won't go on my record.

[Edited on May 7, 2007 at 5:46 PM. Reason : .]

5/7/2007 5:46:01 PM

Except that it DOES go on your record as a charge against you that was dismissed.

5/7/2007 7:10:02 PM

again.

no one will care about this charge either way.

the only difference is, you give $300 to lawyer, plus some $ to community service organizers to keep paperwork, plus 24 hours of your time that can be better spent elsewhere...

or... you take the charge and pay $100 or so to the court and be done with it.

plus, the lawyer is no guarantee. you might still get the charge and have to pay court. you'll have to pay court costs either way, IIRC. (~$75)

so fuck it.

quit being a pussy about it.

its just an open container citation.

NO ONE CARES.

5/7/2007 8:48:53 PM

^^ He said getting it dismissed means I won't be charged with it. On work applications I can say no to both "Have you ever been charged with a misdemeanor" and "Have your ever been involved with deferred prosecution (i.e. PJC or first time offender)".

^ He said if it is dismissed that there are no court costs nor fees. The only thing owed would be his fee. While I know this isn't a sure thing, it seems the most logical route considering I might need DOE clearance one day.

5/7/2007 8:56:13 PM

everything i've read, this is a City Ordinance and not a Misdemeanor. --- in and of itself, it has all the weight of a parking ticket.

so you do not have to reveal it on applications where they ask if youve been convicted of a Felony or Misdemeanor.


but if you need DoE clearance... they can find this thing regardless of it being dismissed or not. and it's going have the same weight in factoring whether or not you get cleared.

if its your only thing? no biggie. if its part of a larger trend, then the *trend* (and subsequent violations) are the issue.



[Edited on May 7, 2007 at 9:04 PM. Reason : ]

5/7/2007 8:59:22 PM

The cop said something like that..... but he was wrong. Breaking a ciry ordinance (at least in this case) results in a class III misdemeanor, the least severe one that exists. As such you HAVE to report it (if it stays on your record) to employers. This is verbatim from my lawyer.

5/7/2007 9:02:25 PM

okay, so i'm wrong about the misdemeanor thing.

fine. pay the lawyer then. it might be worth it to you to have your record completely spotless.

i wouldnt. but thats me.

and DoE/DoD will still find the charge even if you get it dismissed.






[Edited on May 7, 2007 at 9:08 PM. Reason : ]

5/7/2007 9:05:20 PM

getting a charge dismissed doesn't take it off your record. It shows up as being charged with x crime and that is was dismissed.

Besides, no one gives a shit about an open container as long as you are honest about it. If you are a repeat idiot about it, then sure someone will care, but one minor stupid charge and conviction will not be held against you.

5/7/2007 9:27:06 PM

i would get a lawyer, i had a open container and underage charge in march, got a lawyer case was dismissed because the lawyer knew what he was doing, employers shouldnt give a sh1t about open container

5/8/2007 12:12:22 AM