Legal Question in Traffic Law in Florida

My 19 year daughter was the front seat in an on-owned vehicle. Total of 5 kids in vehicle (3 rear passengers). Police pulled vehicle over & found open container under front seat as per traffic infraction. Daughter stated that beer was not hers & refused to admit same as requested by police officer. She was placed in hand cuffs for about 1 hour. She was the only one issued citation for open container.

Is it protocol to hand cuff someone for a non-arrestable offense? Based upon FS 316.1936, as the bottle was under the seat (assessable to rear passengers) & not in passenger's physical control", why was she cited? Is this worth fighting?


Asked on 9/29/09, 7:11 pm

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

It's not worth fighting, but .... They can cite the driver for the container, when there is an open container. However, it is not just merely that there was a container and it was open. It also has to contain an alcoholic beverage. An empty container that has not yet been disposed of is not unlawful to have in the car.

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Answered on 9/30/09, 7:28 am


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