My brother got a DUI a while back and never even tried to get his license back. Yeah, he's a real winner. Anyway, a few weeks ago he was riding with his wife and was stopped- he got a citation for an open container and has to go to court in 2 weeks. I was wondering what kind of consequences there are for the passenger of a car with the open container citation. Anyone know? Thanks.

11/20/2007 6:05:32 PM

Quote :

"Yeah, he's a real winner."

lol

11/20/2007 6:06:28 PM

30 days in the hole!

11/20/2007 6:33:59 PM

i work at a law firm and nothing will happen probably. i know if you get convicted of 2 open containers it becomes another DUI, thats a fact. my advice is to hire an attorney and get it dropped in exchange for community service. but then again there are aggrevating factors that could cause some trouble such as his blood/alcohol content for his prior.

11/20/2007 6:47:39 PM

interesting...

I don't care if he's in trouble. Just wondering what my family should prepare for. He's such an idiot. 30 days in jail would probably be good for him.

[Edited on November 20, 2007 at 7:03 PM. Reason : .]

11/20/2007 7:02:22 PM

so..... anything from community service to 30 days?

11/21/2007 12:11:17 PM

Anyone with a previous DWI that does not hire a lawyer for a subsequent alcohol related ticket is completely fucking retarded.

I am sure he is gonna go in there, get a lecture from the judge, plead guilty and pay the fine like a dumb ass. Under structured sentencing in NC eventually enough misdemeanor convictions stack up and the smallest ticket = you being fucked.

What's sad is for about $250 lawyer fee he could most likely get it thrown out and avoid having it haunt him later in life, but if he is a stupid as you say he wont do that.

11/21/2007 10:07:15 PM

ask DNL.

he's here to help because he cares.

11/21/2007 11:56:29 PM

huh?

only advice i can give would be to talk to a lawyer

11/22/2007 1:01:59 AM

I think choadboy here was referring to your past history with BrookeRuff...

I could be wrong. I often am.

11/22/2007 1:28:03 AM

^^^^ yeah he's definitely not going to get a lawyer. And this is the same DA he called a few months back cussing him out over something to do with his insane wife. This should be interesting.

11/22/2007 9:12:40 AM

I got one riding in my buddies car with a beer cracked open in the pocket behind the front seat (I was sitting in the back), and all I had to do was go pay a fine. No court or anything. They said nothing would go on my record if I paid the fine. As far as I know it wasn't a misdameanor. Why is this guys such a big deal?

11/22/2007 9:32:02 AM

Quote :

"They said nothing would go on my record if I paid the fine. "

rofl

11/22/2007 10:45:54 AM

Quote :

"30 days in jail would probably be good for him."

His asshole is going to be an open container in prison...

[Edited on November 22, 2007 at 11:09 AM. Reason : hah]

11/22/2007 11:08:55 AM

jail =/ prison

11/22/2007 2:37:58 PM

^^^Just checked into it. Don't have a record. Wonder why mine was treated the way it was. Maybe because I had no priors. Hell, I didn't even think it was a misdemeanor.

11/22/2007 5:02:42 PM

Quote :

"i know if you get convicted of 2 open containers it becomes another DUI"

Could you explain that in detail??? Im not familiar with what you mean.

11/25/2007 4:46:38 PM

it's bullshit, read the statute yourself

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-138.7.html

11/25/2007 4:52:17 PM

Quote :

" Exception. – It shall not be a violation of subsection (a1) of this section for a passenger to possess an alcoholic beverage other than in the unopened manufacturer's original container, or for a passenger to consume an alcoholic beverage, if the container is: (1) In the passenger area of a motor vehicle that is designed, maintained, or used primarily for the transportation of persons for compensation; "

so its all good in the yellow cab?

11/25/2007 5:04:58 PM

sooooooooo...if you have a DD who you pay everytime you get drunk to drive you and your friends around then would that be transportation of persons for compensation?

11/25/2007 6:02:53 PM

that still doesn't make sense to me in this situation. he was in the passenger seat- and he already doesn't have a license- so what can they do to him?

11/27/2007 5:09:12 PM

I don't really think they will do anything to him, it will just factor in to a way shittier sentence next time he does something worse and already has a bunch of convictions.

11/27/2007 5:58:49 PM

^^ he was in the passenger seat of a privately owned vehicle. Not a "for hire" vehicle.

they just changed this earlier in the year or late last year. Used to be everyone but the driver could have open containers as long as everyone was at least 21.

11/27/2007 6:47:54 PM