Legal Question in Traffic Law in Florida

I received a notice to appear for florida statute 316.1936 (2)(a) driver with an open container in Brevard county Florida. The ticket states criminal violation court appearance required but when I have researched online it states that this would be a non-criminal moving violation. Why must I appear if it is a non-criminal moving violation? The passenger had two open containers and I did not have one but the officer stated that one had to be mine. Am I facing jail time or what will happen at court? Thanks for any advice.


Asked on 6/06/11, 7:44 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You are correct that it is a noncriminal infraction. It is possible, and likely probable, that the officer made a mistake when stating that a court appearance is required. That said, if a court date has been set, you must go. You should call the clerk and they may be able to straighten this out without you having to go to court.

Read more
Answered on 6/06/11, 8:59 pm


Related Questions & Answers

More Traffic Law questions and answers in Florida