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Open container - Iowa (CRIMINAL LAW & PROCEDURE)

Thu, 03 Nov 2005 12:46:00 GMT

My husband was ticketed for open container yesterday in Iowa. He was a passenger in a vehicle that he regularly car pools in, owned by a co-worker. There were several beer cans and empty cases in the back; because the policeman could pour the remnants on the ground (no more than a swallow, less because it wasn't dumped on the floor), they were both ticketed with open container. In looking at Iowa law, it seems that we could fight it because he was paying this gentleman to carpool with him. Am I correct? However, my husband isn't wanting to fight it because he admitted to the police officer that he wanted to be honest, and yes, they did have one beer before they left for work. My husband was never given a breathalizer, although he asked for one. The driver was given one, and registered zero. Does this admission blow our chances if we try to fight it? Thanks for any advice!

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  • Tue, 15 Nov 2005 11:28:00 GMT(1)
  • Having a beer before work without saying it was drank in the car is not necesarily an open container admission. But having all those cans can be problematic if you had control over any of those cans and them being in the car. Sounds like a diversion agreement situation that counsel can help you with.
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