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open container ? (CRIMINAL LAW & PROCEDURE)

Tue, 09 Aug 2005 16:22:00 GMT

What is the name of your state? IOWA
Hi, I am 18 years old. I was being the DD of the night, and I took someone from a party, whom I thought was 21 to buy another keg. Well we got there, and turns out the cops ended up showing up at the store and asked for our i.d.'s. I hadn't been drinking but the person I was with, had a fake I.D. and he gave them that, then took off running. Which was DUMB. Anyway, this guy had brought a cup of beer into my car, so I didn't get anything but an open container ticket. But IT's not really a ticket, I have to pay 300 bucks if I dont show up to court, but I have a court date. I think its to testify that it wasn't mine maybe? I don't really know why I have to go to court. Needless to say, the cops also found my best friend's sister's 22 year old I.D. in my car after they had already written a ticket for open container. Then they thought the i.d. was mine and it was fake and they took it, but didn't write me a ticket or anything like that, they just let me go. So in court are they legally able to show the i.d. and say they found it even though I didn't sign anything saying that I agree they found it? IS that legal? And also what are the possibilities of outcomes when I go to court? I have never been in trouble ever and this is my first offense on any type of driving anything. So I'm just wondering what's going to happen with my record and if it will be reported to insurance? Thanks for any advice you can give me- I really appreciate it.

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  • Tue, 09 Aug 2005 17:05:00 GMT(1)
  • You are responsible for the contents of any vehicle in which you are in control. Therefore, plea guilty to the open container and be done with it.
    As for the rest of your post, it's rambling and incoherent and I'm not going to bother.
  • Wed, 10 Aug 2005 08:49:00 GMT(2)
  • I think you could try to state your case about your friend having had the open container, evidenced by his taking off running, and you were the DD. However, ignorance of the law is not an acceptable defense. You will most likely get stuck with your friend's open container. Yes, you are responsible for everything and everybody inside any vehicle you drive.
    As for your sister's ID just "being" in the car, I'd find that very suspicious if I were the cop. You were out buying a keg of beer, you had an open container, your friend presented a fake ID, and then the cop found an ID which you could conceivably use. You may be in trouble, so I'd think about a lawyer in this case. Good luck.
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