Legal Question in Criminal Law in South Carolina
driving under the influence and open container of alcoholic beverage
On an application form, when it asks have you been convicted of a crime....how does one answer if the person is found not guilty (in court) of DUI but pleads guilty (and pays fine)to "open container"?
1 Answer from Attorneys
driving under the influence and open container of alcoholic
I'm not licensed in your state so it is possible the rule is different there, but here in Tennessee and I believe in most states you could safely answer "NO". If a charge is dismissed, you have not been convicted of it, and generally speaking the open container law is not considered a criminal offense. If you want to be careful merely answer YES and state what the offense was -- a violation of the open container law, which is not an offense that is going to bother most employers.
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