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open container (CRIMINAL LAW & PROCEDURE)

Mon, 29 Sep 2003 16:44:00 GMT
Tags: band, cited, container, criminal, law, practicing, procedure, state, studio, utahbrfriday, violation

What is the name of your state? utah
friday, I was cited with an open container violation. I am in a band, and we were at our studio practicing. during a break, we went outside to have a cigarette. there is a small ledge in the hallway just inside the door that we will normally leave our beer on as we smoke outside. on this particular evening, another band was loading their gear into their truck, and I helped hold the door open for them. because the hallway is fairly tight, I moved my beer outside and set it on a utility box so it would not get knocked over and spilled. Five minutes later two bike cops came over and asked for i.d. I guess to make sure the gear that was being loaded was not being stolen. One of the officers asked the group of 12 who owned the beer sitting on the box. Without hesitation I said that it was mine, and that we were finishing helping and going inside. At no time did I ever drink outside or have the beer in my hand, until I went back in. The fine is going to be $100. is it worth fighting? and if I do, with court costs and the like could it go beyond that if I lose? I have never had any other run in w/ the law. thanks in advance

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  • Tue, 30 Sep 2003 09:18:00 GMT(1)
  • Are you of legal drinking age?
  • Tue, 30 Sep 2003 12:57:00 GMT(2)
  • thanks for the timely reply. I am 38 years old, and the $100 goes a long way for me. My wife has had 2 surgeries in the past 13 months, and I am trying to watch every dime I spend. The offense on the citation simply says 'open container' there is no code # or statute cited.
  • Tue, 30 Sep 2003 09:49:00 GMT(3)
  • First, your age is not relevant and has nothing to do with this issue.
    Second: A quick review of the Utah statutes only finds an 'open container' violation to be "41-6-44.2 . Drinking alcoholic beverage and open containers in motor vehicle prohibited". Based on your post, you were not in a motor vehicle (as defined by the statute). If this is what you were charged with AND based solely on the content of your post, I would certainly challenge the citation. So, what is the EXACT violation noted on the ticket?
    http://www.le.state.ut.us/~code/code.htm
    Third, as to your post:
    "The fine is going to be $1 . is it worth fighting?"
    * No one can answer that for you. We don't know if you are a gazillionaire who lights cigarettes with $1 bills, or if you are homeless and dirt poor. Nor do we know whether you work for $5 per hour and this 'fight' would take 3 hours, or if you are unemployed with nothing better to do then to visit the courthouse (and get out of the rain).
    "and if I do, with court costs and the like could it go beyond that if I lose?"
    * Yes. Most 'fines' also have additional costs.
    "I have never had any other run in w/ the law."
    * Okay, but not relevant.
    "thanks in advance"
    * You're welcome.
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