Legal Question in Criminal Law in California

I received a 23224 (a) vc in Irvine, CA two months ago. It was in the UCI parking structure when I was buying a parking pass. They walked up and shined flashlights in my car and saw a bottle of JD, with a broken seal. I was the DD and didn't think I was doing anything wrong. I knew it was illegal to drive with an open container, but I thought "open container" actually meant an open container like an open can of beer or something (I know ignorance of the law is no excuse). The bottle was in the backseat, clearly out of my reach. It was my 21 year old friend's alcohol.
Earlier in the year, I received was charged with a MIP misdemeanor while carrying some girl's beer. I was walking her home because she was so drunk. She didn't want it anymore so I held it for her and didn't let her throw it on the ground. Long story short, the charges were dismissed because the DA saw how obviously ridiculous the charges were in the first place.
I plead not guilty and have a meeting with the DA and my lawyer in a week. I have a few questions.
Is this considered my first offense, since the MIP charges were dismissed?
The vc code say a maximum penalty of 6 months in jail. Should I expect to go to jail for this, since I have been charged with an alcohol offense in the past? I am a full time college student who works 30 hours a week to put myself through school if this means anything.

Asked on 3/13/14, 1:10 pm

Terry A. Nelson Nelson & Lawless

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0 attorneys agreed

Those are questions for the attorney you already have. Only he knows the facts and charges sufficiently to give an informed answer.

Answered on 3/13/14, 1:14 pm

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