Legal Question in DUI Law in Kansas

open container

i had a open beer bottle that i brought from my trash at home touse as a spit-toon because i had congestion. while my car was parked an officer noticed the bottle in my cup holder and waited for me to return at which time he gave me all the sobriety test in which i passed. i had not been drinking i was coming from ref'n a b-ball game and going to ref another. he ended up giving me a ticket for transporting an open container. should i fight this or pay the fine. as i said the bottle was empty and i was just using it to sipose my congestion.

thanks DM


Asked on 11/17/04, 3:01 pm

1 Answer from Attorneys

Brian Leininger Leininger Law Office

Re: open container

Don't plead guilty to it. It will jack your insurance up and it will cause you a lot of problems if you get another open container or DUI charge in the future. You should either ask for a trial and fight it or look into a diversion program to keep it off your record. Give me a call at 913-648-7070 and I'll talk to you about it without charge. If you decide to hire me we can get the police reports and decide which way to go.

Brian Leininger

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Answered on 11/19/04, 2:03 pm


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