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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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Dear Sir or Madam- I received a transporting an open container

Customer Question

Dear Sir or Madam-

I received a transporting an open container violation in a Kansas County last month. I was not the driver. Due to my career position, it is important that I:
a) Don't lose my license
b) Word does not get out that I received this ticket

Any advice? Should I appear and plead or simply hire an attorney to get me a diversion. A diversion is likely the only way to get it off my record, correct?

Thanks.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- There is no way you can guarantee either of the two concerns you have listed. If the court offers diversion it will keep a conviction off of your record and if you weren't driving I doubt you will lose your license. Any citation is a matter of public record so if anyone would check the court records it is likely that evidence of your citation could be found.

 

If you want to get the best possible outcome you should hire an attorney to guide you through the process. If you simply plead guilty you will be fined and/or sentenced. You will have to plead not guilty to get an opportunity to discuss the case with the prosecutor and try to get either diversion or some reduced charge.

 

An attorney cannot tell anyone about your case and I doubt that this case is going to be publicized by anyone in the press. The attorney can investigate all the possibilities of diversion or other plea bargains so I definitely would retain counsel.

 

Dave Kennett

Customer: replied 7 years ago.
Does it need to be local counsel? Should it be?
Expert:  Dave Kennett replied 7 years ago.

It doesn't have to be but I always believe it is best to find someone who regularly practices in the court and knows all the local court rules etc.

 

Dave

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