My wife and i were sitting in our car in front of our house on a county road. we were listening to music, not driving. I was giving a citation that stated driver was consuming beer in passenger area of vehical on the highway. I was aslo cited for having a suspended license.
4 Answers from Attorneys
What is your question? I'd be glad to answer it for you.
There is an inference that the person in the driver's seat might have driven the car there. However, you might present evidence that you did not or that it is not reasonable under all of the facts and circumstances to infer that the car had been driven or that you had driven it.
The Consuming charge may be tough but it's just a payable ticket. However if the other one is Driving Suspended and not Possess/Display Suspended License, your defense lies in a case called Atkinson, where we will attempt to prove you were using the car for shelter, not driving.
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