Legal Question in DUI Law in Ohio

Open Container

I received this from an empty cup I was carrying at a football game in which I was on the way to the trash can. I wasn't creating a scene, I missed the first trash can due to my phone ringing and I went to the second trash can where there were police nearby.

How should I handle it? Should I plead no contest? Or try to fight it?


Asked on 10/13/08, 8:56 am

1 Answer from Attorneys

Bradley Miller Miller Law LLC

Re: Open Container

It depends on what result you are looking for. If you are wanting to try to get the charge completely dismissed because you don't think you should be guilty of anything, then you might want to fight it. Be aware that fighting it could easily cost you more than any fines you would have to pay for the ticket.

If you are willing to try to work a plea deal so you don't have to plead to the open container but are willing to pay a fine/court costs to make it go away or possibly admit to something else that is not open container, then you might want to go to the arraignment (the court date that is listed on the summons you should have received) and try to work something out with a prosecutor. Be advised though that sometimes prosecutors will only discuss pleas with attorneys and not defendants.

If you want to fight the citation or try to work a deal, or even if you just want to talk to someone about it to help you make a decision, it might help to speak with an attorney. It may be cost prohibitive to have him or her represent you in court, but at least he or she can give you an idea at what your options are and possibly through out a suggestion or two.

If you have any further questions or would like to talk about your situation and your options, feel free to contact me.

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Answered on 10/13/08, 9:46 am


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