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Open Container - Cinco de Mayo (CRIMINAL LAW & PROCEDURE)

Sat, 12 May 2007 01:10:00 GMT

In Tampa, Florida I was hanging out at a bar for a cinco de mayo vip party. We left the party and went to a house nearby. This is in downtown Tampa. After having a couple drinks at this house we decided to leave. Me and two friends walked out of the condo building. After walking a couple blocks a police car pulls up to us and pointed out that a man called the police saying that we were throwing beer bottles at his bar. The man followed us while waiting for the police. Unfortunately I wasn't even thinking, me and one of my friends left the place holding a half full botter of beer. So the cop said well if we weren't throwing beer bottles, it still isn't allowed to be walking the streets with an open container.
What is the best defense for this situation. The cops didn't take the bottles for evidence however there may be camera footage from the patrol car. I plan to plead no contest and bring documentation that I am a good citizen, full time employed, full time student, no previous record and state that it was cinco de mayo and I understand that I made a mistake. In people's experiences or by understanding of the system, what chances do I have and is that the best way to go about it and just hope the judge drops it and just has me pay court cost or something?
Any help would be greatly appreciated! I also don't know why I have to go to court and didn't just get a fine right there anyways. Which if I did I would have still tried to have it dropped.

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  • Sat, 12 May 2007 02:24:00 GMT(1)
  • [quote=helpscott;163 919]In Tampa, Florida I was hanging out at a bar for a cinco de mayo vip party. We left the party and went to a house nearby. This is in downtown Tampa. After having a couple drinks at this house we decided to leave. Me and two friends walked out of the condo building. After walking a couple blocks a police car pulls up to us and pointed out that a man called the police saying that we were throwing beer bottles at his bar. The man followed us while waiting for the police. Unfortunately I wasn't even thinking, me and one of my friends left the place holding a half full botter of beer. So the cop said well if we weren't throwing beer bottles, it still isn't allowed to be walking the streets with an open container.
    What is the best defense for this situation. The cops didn't take the bottles for evidence however there may be camera footage from the patrol car. I plan to plead no contest and bring documentation that I am a good citizen, full time employed, full time student, no previous record and state that it was cinco de mayo and I understand that I made a mistake. In people's experiences or by understanding of the system, what chances do I have and is that the best way to go about it and just hope the judge drops it and just has me pay court cost or something?
    Any help would be greatly appreciated! I also don't know why I have to go to court and didn't just get a fine right there anyways. Which if I did I would have still tried to have it dropped.
    You do realize what *No Contest means* right? And the bolded defense means nothing.
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