Legal Question in Traffic Law in New Mexico

open container law

I received a traffic ticket from a state police officer for speeding (55 mph in a 45 mph speed zone) and also received a ticket for having an open container in the vehicle. (The beer bottle in he car was empty and I passed a field sobriety test). Besides the fines, are there any other consequences of these tickets? And should I have an attorney represent me at a Magistrate's court?


Asked on 2/07/03, 3:17 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: open container law

If you were speeding, plead guilty and pay the fine. If the beer bottle was an old one and you hadn't been drinking, then go to court and fight that charge. Many times if you speak with the officer before court he will agree to drop the open container charge in return for a guilty plea to the speeding charge. If the officer doesn't show up, ask the judge to dismiss the case against you. good luck.

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Answered on 2/07/03, 3:23 pm


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