QUESTION
Do I face jail for a 2nd open container offense?
Asked on Sep 04th, 2012 on DUI/DWI - Mississippi
More details to this question:
I have been arrested for a DUI in 2007 with an open container in the car. Last week I got pulled over and a cop found an open container in my car, no DUI, but did not arrest me. Do I face jail for a 2nd open container offense?
8 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It is up to the judge, but if convicted, you could very well do jail time, especially since this is a second drinking and driving related offense.
Answered on Sep 07th, 2012 at 10:54 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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No. Unless there is a lot more happening than those two charges.
Answered on Sep 07th, 2012 at 10:46 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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As a practical matter it is not likely that there will be any jail time. Although it may be a misdemeanor, it is not likely in most cases that jail time will be imposed. You are best advised to hire an attorney to see whether a better result can be achieved in court.
Answered on Sep 07th, 2012 at 10:24 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Every defendant faces potential jail on every criminal offense. That is the penalty for crimes. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. But, since it is not a serious violent crime, I would expect your attorney to be able to get a plea bargain that does not include jail. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 07th, 2012 at 10:22 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Unlikely if you have only 1 other Prior (Summary or Misdemeanor).
Answered on Sep 07th, 2012 at 10:21 AM
Criminal Law Attorney serving San Diego, CA
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Lee Law Group DUI & Criminal Attorneys
It is possible, depending on your other criminal record, but I doubt it. You need legal counsel so they may attempt to defend you.
Answered on Sep 07th, 2012 at 10:12 AM
Since it is a misdemeanor, it's possible, but this is a relatively minor charge that a reasonably skilled defense attorney should be able to get the charge dismissed. It might involve you earning it. Consult an attorney.
Answered on Sep 07th, 2012 at 10:02 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Probably not. Often a fine is all you pay. Not sure if this charge is in same jurisdiction as first
Answered on Sep 07th, 2012 at 10:01 AM