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Should I retain an attorney for an open container violation in arizona? I wasn't ticketed for dui just open container.
Anonymous3 views2 answers
I have a violation this is over 6 years old that I need to clear up. I was ticketed in a moving vehicle for having 1 open beer. The officer gave me a breathalizer and I passed so I was only tickted for liquor in vehicle and consumption. I have had dui arrests in the past previous to this charge. Should I retain a lawyer or should this just be a simple fine?
It is always good practice to consult an attorney before pleading to any charge. Possession of an open container is not a major charge but it could appear on your record if you plead to it and pay a fine. If you want to keep the charge off your record and/or try to get it dismissed, then a lawyer can help by negotiating with the prosecutor. If you choose not to hire an attorney, you should ask the prosecutor for an offer of diversion or deferred judgment and sentence. If the prosecutor agrees to either diversion or a deferred judgment and sentence, then you can later seal your record (if Arizona law permits it).
An "open container" offense is still a misdemeanor, criminal offense under Arizona law, subject to jail, probation, and/or fines. Moreover, if you have not resolved the matter for 6 years, that means that, more than likely, a warrant for your arrest has been outstanding during that time.
As stated previously by the other attorney, a diversion program or deferred prosecution could be available to you from the prosecutor. In my experience, the hiring an attorney to assist the client in this process helps tremendously. Deferring prosecution or having the case dismissed by means of a diversion program (or other method) could be beneficial to you as well in light of your previous DUI convictions. Generally, the fewer criminal convictions the better.
