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Hi - my name is ***** ***** I'm licensed in Mississippi. I'll be glad to assist.
In Mississippi, the driver and passengers of a vehicle are actually permitted to drink, but the driver may not be intoxicated beyond the legal blood-alcohol content level of .08%. However, many cities and counties have city ordinances that prohibit an open container in a vehicle.
With this charge, the main issue is whether or not the officer has probable cause to make the stop. If there is no probable cause, then the citation could be dismissed.
If the officer can establish probable cause for the stop, then it is very difficult to defeat an open container offense. However, to good news is that this is a minor offense and shouldn't cause you much trouble.
Yes, it's a misdemeanor, which is the most minor of any criminal offense.
No problem and good luck with this. Please let me know if you have any additional questions. Thanks.
You can try to non-adjudicate the offense and keep it off of your record. The only other option would be to try and have the charge remanded.......but you'd probably need a lawyer for either of these.