I was taking my buddy back to his house after playing cards with a friend. It was a Saturday and it was the middle of the day time. He had a tall boy in a brown bag and took a sip. That's when a cop pulled us over. He made me blow into his hat and then he smelled it (yes really). He told me I'd been drinking and made my budddy pour out his beer. Then he gave me a ticket for having an open beer. I don't understand how he can do that. Can I get out of this? I have a clean driving record.
First, as Dan said, this is a very manageable charge, but if you would like to challenge the charge, you have a great basis to do so – particularly if the passenger possessed the open container at the time that the officer approached. It does not sound like the officer can establish that you possessed the container, as opposed to the passenger.
Best of luck to you.
The Sessions Law Firm, LLC