My sympathy to you for your situation. The law in Minnesota is pretty strict on the matter.Open container laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of a motor vehicle.
In your case the fact that there is no trunk doesn't matter, you had it within the passenger area. The fact that the driver got dui does not help either, it is probably the most harmful fact to your case as it supports that you guys were drinking in the passenger area of the car.
That being said the wrong date might be a legitimate defense, be prepared to show proof that you weren't there on the ticketed date and where you were on that date. You will need a lawyer if you want to properly contest this ticket. Honestly the bad date is the best and only technical argument that I can see here on the facts presented.
In my mind you may want the attorney to explore your plea options because aside from the date issue they got you here. The fact that its a station wagon won't help and neither does the dui with the driver. If you get something you can live with I would tell you to seriously consider pleading. I hope that this gives you some ideas on the matter and good luck..
I would agree with you that appears to be the wrong subsection. They will have to get the officer to fudge and say either he saw you drinking of that he smelled alcohol, etc on you. It's an argument. I also have seen them allow the cop to change a date on the ticket although it is blatantly wrong to let them do it. You have a couple of in my mind good arguments here, perhaps you should raise these when you're negotiating to see if they'll reduce or give you a better deal on this. you can decide from there what is best for you..good luck..
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