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Lawdoctor
Lawdoctor, Lawyer
Category: Criminal Law
Satisfied Customers: 1400
Experience:  Practiced criminal law in several states over a 22 year period, from misdemeanors to Death Penalty.
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Open container for the PASSENGER in North Carolina. Charged

Customer Question

Open container for the PASSENGER in North Carolina. Charged with having an open container (a cup that had the last of a beer in the bottom), will such an incident affect a PASSENGER'S driving record?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Lawdoctor replied 4 years ago.
DearCustomer

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.

There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!



Yes, it affects your driver's license with 4 points on your license.

See the driver's handbook:

http://www.ncdot.org/dmv/driver_services/drivershandbook/download/NCDL_English.pdf

page 32, chapter 3.

I am sorry I could not give you better news, but if they will not withhold the points, you may want to fight this.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

If the information that I provided was helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Bonuses are gladly accepted. Thank you and good luck!

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Lawdoctor, Lawyer
Category: Criminal Law
Satisfied Customers: 1400
Experience: Practiced criminal law in several states over a 22 year period, from misdemeanors to Death Penalty.
Lawdoctor and 4 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks Lawdoctor. I have already reviewed the NC Drivers Handbook. Page 32 of Chapt 3 deals with points for convictions while operating a COMMERCIAL motor vehicle. The same list on pages 30 & 31 does NOT list an open container as resulting in points so I was confused. Any thoughts? Thanks, Customer
Expert:  Lawdoctor replied 4 years ago.
Sorry, my bad, I read it wrong... However, if you look above at the non commercial, all moving violations have 2 points. However, I cannot find that the open container for a passenger would result in those points for a passenger.

That being said, NC has the toughest laws in the country on driving. They have a ban on text messing, open containers, get a DWI and you are in deep.

I would try to fight it since it could go on your license or take the ticket and see if you take the class if it will keep points off your license if they ram it through the 'moving violation' catch all. They can say that you were 'moving' with the car even though you were not driving.

If you can afford a ticket attorney, I would hire one, There are firms that only charge around 100 to 150 to represent you on traffic tickets and they are usually very effective.

i wish you the best and sorry again for the misread. good catch on your part, are you headed to law school? If not, think about it!

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

If the information that I provided was helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Bonuses are gladly accepted. Thank you and good luck!

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

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