Legal Question in Criminal Law in California

Re: Open container

Getting the court withdraw his guilty plea is very difficult. He should immediately contact an attoreny to discuss the facts with the attorney. He should also order a transcript of his entering a guilty plea and a copy of his file from the court.

Re: Open container

The DMV will almost certainly refuse to change its mind as long as the no contest plea remains on the books. Your friend's chances of undoing this plea are not good, though he could argue that he entered the plea without being properly advised of its consequences. I don't think that argument will succeed, but it might depending on specifically how his sentencing was handled.

Your friend he was accused of driving with an open container, not with drinking from it (which is why the police didn't check on this point). Based on what you have said, it sounds like he was guilty as charged.

Even if he can change his plea, he is not likely to benefit from doing so. He will have to stand trial or enter another plea, and the prosecutors probably won't offer him another deal -- and almost certainly won't offer one better than the one he already got. This means he will go to trial. Since he seems to be guilty, he will very likely be convicted. The sentence he will receive after a trial is almost certain to be harsher than the one he got in his plea bargain.

Re: Open container

You now understand why it is best to know what you are doing before making such decisions. There is no way of effectively changing the agreement after the fact. Next time, consult an attorney about the consequences of behavior and pleas.