Legal Question in Criminal Law in California

I got a ticket for having an open and unopened container in my car. the ticket code is 23224 (a). The cop pulled me over because he said i didnt have my blinker on long enough but I did and then asked if I was drinking and gave me a breathalizer test. I don't drink but 2 people of age in my car had and i didnt know they had containers in my car. I need advice on how to argue this case and what to do.


Asked on 3/19/11, 4:33 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

When arrested and charged with any crime [as you were by getting the ticket], the proper questions are, can any evidence obtained in a search be used against you, and can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for evidence suppression or other motions, plea-bargaining, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If you can't afford private counsel, you can apply for the Public Defender.

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Answered on 3/21/11, 9:10 am


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