Legal Question in Traffic Law in Florida

Re: Possesion of alcoholic beverage

Hello, this is in response to your question re: your minor child and an open container cit. I have not researched this to give you the statute #, but you can get on line and search Florida Statutes.

The open container is a moving violation and not a misdemeanor, this is NOT A CRIMINAL infraction.

The other charge is a misdemeanor. This is a CRIMINAL charge, specifically, a misdemeanor. You first appear in court for arrignment. Here, the defendant pleads not guilty and passes the case for a few weeks to look into the case, negotiate a deal with the State or prepare for a trial. this may be passed a few times. A majority of these type of cases are resolved the first day.

You could contest whether it was a legal stop. You should run those facts by an attorney. There, you would file a motion to suppress the evidence. A hearing would be held and the court would rule. If granted, the State may have to drop the charges. If denied, the case would proceed.

Up here in Jax. if the child has no prior record, the State automatically offers the def. a diversionary program. This entails a voluntary agreement between the State and the def. where def. agrees to do some activities (such as com. service hours, letter of apology, tour of jail, or something else). Once def. completes the terms of agreement, the state drops the charges. I had just had one of these cases with a minor, nut the State did not offer a div. program because there was another charge of having a fake ID. She plead no contest and has to pay the min. court costs.

If he is charged and chooses to plead no contest to the mm (the judge would usually dismiss the traffic cit.), he should only do so if the State agrees to recommend the judge WITHHOLD ADJUDICATION OF GUILT. This means it would not be a conviction. The court would prob. simply order some court costs be paid. An adjudication of guilt for that mm would get his drivers license suspended for 6 mos. A withhold is not a conviction.

'Hope this helps. Tom Rosenblum