Legal question

ManglerYJ

ManglerYJ

Well-Known Member
Joined
Mar 20, 2005
Location
Lexington, NC
My step-daughter (who is 19) got busted for open container while in the passenger seat of a car. She is being told by her "friends" that this will be three points on her license and that will put her to 12 points and they will take her license. She is paying through the nose for an attorney to fight it as a result.

First off, I want to be clear, I DO NOT CONDONE UNDERAGE DRINKING ONE BIT. THat being said, I also don't have any first hand knowledge, but in my brain, I'm thinking that they should NOT be able to assign license points for something that occured while in a passenger seat. I just hate to see her pay a lawyer a bunch of money to "make it go away" when if there is no driving ramification, just pay the fine, pay the court costs and learn from it that way. Any first hand experience on here?
 
Back in college I got an open container ticket and I was a passenger and I only got a ticket. I was 21 though and in SC and I have NC license if that would have anything to do with it. Mine was $250 ticket, paid it and didn't have to appear in court or anything like that. I didn't have any points on my license prior to that and it didn't give me any. I would definitely ask around before I paid a lawyer to fight that one.
 
I am no lawyer but I don't see how this could go on a license. The only way you can get points is if you are driving and have a violation. Open container seem like it would be a fine and due to her age possibly a class. Call the DMV and ask.
 
It would make sense that she wouldn't get any points on her license but the justice sys can be odd. It would make more sense to me to give the driver open cont. and the passanger a drinking ticket. Id just talk to her lawyer and figured out whats gonna happen, you know how those "friends" are.
 
here is a link to the entire statute..
http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-138.7.html
Dont really see how she got the open container ticket rather than an underage possesion ticket. Definitely think the driver should have recieved the open container ticket, since they knowingly were tansporting the container. I believe it is actually not a considered driving violation so points will not be issued. Not making any promises though. All judges handle things differently. I would definitely call and speak to the DA first.
 
In SC it would not go against your license at all.
I've had a couple of those...at the beach between stops with an open beer in the cup holder...etc.

In SC the driver would have been cited with operating a motor vehicle while an alcohol container was open inside the vehicle. Your daughter would have received a minor in possession.

SC again....OC $86 in court ->$155 on ticket
Minor in possession $480
 
Under age possesion is a 6th month suspension in sc. Ask me how I know. Its no points.
 
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