Legal Question in Traffic Law in Minnesota

open container

A few days ago I got an open container ticket. I was sitting in the back seat and had a half full bottle of vodka zipped up in a backpack between my legs. The driver got pulled over for dui and my backpack got searched. I had no intention of drinking it I was just transporting it and there was no trunk because we were in a station wagon (although I know it should have been as far in the back as possible). I was wondering if I have a good chance of fighting this and how I could do it. This is important to me because any chemical related offenses looks real bad in the line of work I am going in to. Another detail is the wrong date was written on the ticket. The date said 2 am on the 16th when really it was the 17th. Is there any way I can go to court and win this and if so what angle do I use? Thank you much for your time.


Asked on 3/18/08, 1:42 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: open container

Thank you for your inquiry.

Your post raises some questions as to whether or not there was sufficient cause for the oficer to conduct a warrantless search of the backpack,. If the search is invalid, the bottle maty be suppressed as evidence and, as a result, the charge dismissed.

For a consultation call 612.240.8005.

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Answered on 3/18/08, 11:14 am


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