My son was charged with an open container in Florida while he was parked with a girl in the car. She was the one with the open container and the police gave him a breath test, which showed he had nothing to drink. Since the car was not moving is this still a traffic infraction, instead of a open container, like they were in a park instead? Can this be pleaded to something lesser since he was not drinking? Also, while he was reading the citation the police officer insisted that he sign the ticket. He said he didn't have a pen, once given one by the police he continued to read the citation. At this time the officer arrested him for not signing the citation and resisting arrest w/o violence. He spent the night and all the next day in the Broward County jail. I had to post $100 bond and pay $135.00 to have his car towed. Wasn't he entitled to a reasonable amount of time to read the charges against him?
2 Answers from Attorneys
Yes he was entitled to reasonable time to read the citation. He still must sign it though. A good defense attorney may be able to get that resisting charge dismissed. As far as the open container, the statute presumes the driver to be the one with the open container unless it is in teh passenger's possession. This can be rebutted but again your attorney could do the proper motions in his case.
Your son should have been given a fair amount of time to read the citation and we definitely have a defend-able case as to the resisting with without violence. Even if he failed to sign the citation he should only be charged with "Failure to sign a citation" and not resisting without violence.
As far as the open container if it was actually in the possession of the passenger then she should be the one who receives the citation (not your son).
If he was in "actual physical control" of the vehicle then he could be charged under the traffic criminal statutes. Actual physical control is basically the ability to control use or non use of the vehicle and is the ability to drive it if he wanted to.
My office is here in Broward County where I previously worked as a prosecutor and I would be glad to talk further with you on your son's case.
Good luck,
-Leland
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