Legal Question in Traffic Law in New Jersey

open container law

I have a few questions regarding open container law. I was driving and my passengers had open containers and marijuana on them. they were charged with possession. i was charged with open container of alcohol in the car. Is that any points on my license? Also, are the cops allowed to impound my car even though I was not arrested and not charged with any possession charges? My last question is, does an open container citation automatically count as a careless driving citation? I also got a careless driving ticket, but I am not sure why. I was thinking it could be because the reason he pulled us over was because one of my passengers ashed a cigarette out of the window. Could it possibly be that I received careless driving for him ashing his cigarette? Is that possible? Thanks.


Asked on 1/02/09, 3:25 am

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: open container law

No points, and the CD was the reason you were pulled over. I suggest you get an attorney to help you here. Feel free to call me

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Answered on 1/02/09, 8:08 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: open container law

Conviction for having an open container does not carry points. Conviction for careless driving carries two points. If you are ever convicted of an open container charge a second time you will be required to do community service in addition to paying a fine. I do not know why the police officer gave you a careless driving ticket; I would have to see any police report before I could give you a definite answer to this. Flicking an ash out of a window by itself does not constitute grounds for careless driving. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your casein more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 1/03/09, 12:35 pm


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