Legal Question in Criminal Law in Colorado

I received an "open container" ticket while in my vehicle parked in a vacant parking lot. No DUI, no roadsides. The officer wrote that I was not intoxicated but made me leave my vehicle there and find other transportation. When I showed up on the day of summons, I was told it was a Criminal charge and not a Vehicular charge. The Prosecuting attorney said I should seek counsil on whether to request the charges be refiled as Vehicular. I don't want a Misdemeanor on my record as I am trying to find work, but I don't know which way to go with this or what the ramifications are for either choice. Having recently become unemployed, my money situation is extremely tight so I can't just go out and get a lawyer without the proper knowledge of my situation. Thanks in advance for any help you can give.


Asked on 3/02/11, 11:09 am

1 Answer from Attorneys
Lain Lawrence Lain Lawrence, Attorney at Law

If you were given a ticket for a violations of 42-4-1305, open container-prohibited, you don't need to worry about a misdemeanor charge on your record as that violation is classified as a class A traffic infraction. However, I'm just going off what I think your charge maybe. You need to look at the ticket and see what you were cited for. If it was something other than a traffic offense you can not change venue. However, if it is the one I stated above you can motion the court to change venue to the traffic violation court.

Read more
Answered on 3/07/11, 4:04 pm


Related Questions & Answers

More Criminal Law questions and answers in Colorado