Calling all NC attorneys

Here's the story.

Was in downtown Greensboro tonight with some friends for my GF's graduation celebration. She had too much to drink and left the bar to go for a walk. I follow shortly after. I come outside to see a beer bottle 15 feet away from a garbage can. I pick up the beer bottle to dispose of it and start talking to my gf who is right by the door. Cop pulls up jumps out of the car and asks for my drivers license. I give my license up with no hesitation and am told by the second officer to stand behind the patrol car in the middle of the street in the rain while the first officer gets into the car.

I ask the second officer standing next to me what is going on. She says I dont know you'll have to ask the officer when he gets out. I stand there for several minutes waiting. Then another cop car pulls up along side and asks the second officer what is going on. She tells this cop I am being issued a ticket. He drives away. I ask the officer "Why did you tell him i was being issued a ticket and you told me you did not know what was going on?"

She say's "well the officer had a pad of paper." Am I supposed to know what a NC ticket book looks like? How did i know this wasn't a warning book, or a good Samaritan book for picking up trash in the street. I ask the second officer what the ticket is for and again she says "you'll have to ask the other officer"

I was charged with "possessing an open container of malt beverage on a public sidewalk" The first officer told me when the court date was an showed zero interest in what I had to say.

So basically I am upset about the whole ordeal and the fact that neither officer wanted to know the situation or was willing to share it with me. The ticket is for $10 plus $130 court fee for a total of $140. In addition to all of this the officer wrote down a birth date on the ticket different to what mine actually is. He also wrote the time as being 1:05 pm instead of am.

I am more than willing to go to court and fight this out but I want to know what my best move is. I am a poor college student who is in good academic standing, works, and has a clean record. So if there are any attorneys, or people who have had similar charges, what are your recommendations? Thanks in advance.

 

I never wrote OC in my life with out following it with another charge, like DUI! If what you are saying is true, that guy was a prick. Was there beer in the bottle?

 

Since the ticket has incorrect info it should be dismissed.

 

I'm not an attorney but I also got a ticket once that had date mistakes and time mistakes and it made no difference.

I think if you just show up in court and plead not guilty it will probably be thrown out, if not they will probably take your $ and call it something different so there is no alcohol related charges on your record which is what I would be worried about.

Don't get to worked up over the way they handled this, they don't get paid much and do a good job most of the time. There are incompetant people everywhere, if you let them ruin your day you'll never have a good day. Good luck.

 

Oh yeah, don't forget that the judge won't be interested in your story about your friend having too much to drink. You will seem guilty by association and it isn't relevant to the charge, I wouldn't bring it up. Just plead not guilty, ask for evidence against you (there is none), they won't want to try and prove it. Once again I'm no attorney, just my $.02. Good luck.

 

Can you find anyone in the bar that says they did NOT sell you that bottle?
Did anyone else see you pick it up?
Did the cop test you for DUI?
If not, Doc S may have given you something to go on..

Can you provide pictures to the court showing where you were in all this?
Door here, bottle here, trash can here, girlfriend here, cop here, etc.?

 

Bottle was completely empty, and the officer never asked to see it. When he came up to me all he did was ask for my license and tell me to come with him. I handed her the bottle to put in the trash when i went with him

Is there anyway I can contact the police department and get the schedule of the officer that wrote the ticket. If he was working that late last night i doubt he was working this afternoon, which is the time shown on the ticket. 1:05 pm, instead of 1:05 am.

The alcohol charge worries me more than anything, even though there was no alcohol in the bottle. The officer never asked me either if i had been drinking.

I was also thinking of getting in touch with the owner/manager of the bar since they keep a bouncer at the door all night that will not allow anyone to leave with a bottle obviously.

 

You can go before the judge. Don't confront the officer in any case. Lawyer up if you would rather spend the cash on a defense and also risk the chance of doubling what you pay in the end.

 

Is my best bet to plead not guilty, ask for the evidence against me and make the cop make the next move? In your experience what is the best way for me to play this out.

 

^^^ I honestly dont know. Again, I never wrote anyone for that with out there being more serious charges too. But I also know courts and most will look at this as closed and shut before you even get there.

Personally if it were me, I would most likely just pay the fee and forget about it.

 

How will it show on my record? Will it be as an alcohol related offense? This is the big thing I am worried about. Thanks for your help DocS

 

Pretty sure it is a misdemeanor and will not be on your record for long at all. BUt I really dont know. I was a cop in Atlanta, and it was almost 15 years ago.

 

Cops writing tickets for frivolous things are happening more frequently. They were just looking to shake down some poor sap coming out of the bar to generate revenue and spotted you. This could be something that stays on your record for a long time. Were there any cameras around? That'd be your best bet for getting out of this if you don't have the bucks to get a bulldog attorney on it. There's an attorney on this board that will turn around and sue the cop for stuff like this and so they should as they have no consequences for creating a hassle and hardship on someone's life just because they feel like it. Don't roll over on this if there's any possibility that this can ruin chances for future employment etc. Fight the corrupt system if you were obeying the law.

 

Well, you just spent about $10,000 just starting a case there....

 

No offense intended - but what exactly are you going to fight? You admit you were in possession of an open container.

I think it will be almost impossible to convince most anyone that while you were chasing after your drunk girlfriend you decided to stop and clean the sidewalk of litter. Especially if she was standing right at the door - why go any further than that to pick up trash?

Anyway, sounds like a waste of the cops time to bother with this - but I'm not sure what you will fight.

 

I did not want to be the first to say it.....

 

My son (SC attorney) is visiting so I asked him. It would be counterproductive to confront the officer. If you really want to fight it, go to court and plead not guilty. The discrepencies on the ticket are immaterial except thay may lend credence to the officer being 'overworked' that evening. The judge will listen to your story and 'may' reduce the court fees, probably not the $10. It just depends on whether or not the officer shows up and the mood of the judge. Remember he will have heard it all before..
In the end, it really won't matter much either way. That's my advice, it's worth what you paid for it.

 

Bastards!

 

I would fight it. It sounds trumped up to me and if we let cops get away with crap like this, then it gets easier and easier for them the next time. True, they are already out of control in some areas but we can't just roll over on stuff like this. Beyond that, this isn't something I'd want on my record, it makes you sound like a bum.

 

Thanks for asking your son I appreciate that.

I think my action plan as of now is to plead not guilty and see what the judge does from there. I am also planning on contacting the manager of the bar and having him write a letter saying the door is manned all night and no one is allowed to leave with bottles. I can also point out the mistakes on the ticket. And possibly bring up the fact that why would an officer write me a ticket for having an open container and not ask if i had been drinking or give me any type of sobriety test. Any more comments or suggestions are welcome. Thanks Guys

 

What does not being able to leave the bar with a bottle (which doesn't mean that no one actually did anyway) have to do with the fact that you admit you were holding a bottle?

Did you look up the open container law and see how it actually applies here?

(Greensboro muni code)
"Sec. 4-7. Possession and consumption of malt beverages and unfortified wine.
(a) Except as provided by this chapter, it shall be unlawful to possess an open container of, or to consume a malt beverage or unfortified wine, on any public street, sidewalk or any property owned, occupied, or controlled by the city."

Doesn't say anything about having to consume it or having the be drinking or drunk.

 

Do they have a PBJ (Probation before judgement) option? We do here in DE. I got an underage drinking ticket a couple years ago in college, and was advised to plead PBJ. I basically paid a fine and could not get caught or convicted of the same offense within a certain time period (I think it was a year?) and nothing went on my record.

 

If this event happened exactly as you describe it it almost sounds like the cops were waiting for someone to come along and pick up that bottle so they could spring on them and write a ticket. I'm sure the bar tender etc. would know if they're using this trick and it could help you prove it was an intentional set up. Go back and talk to them during the day and see what they have to say?

 

And then do what? The bartender, who did not see the event, cant even begin to offer "evidence." Look up "hearsay."

 

Two cops witnessed you holding an open beer bottle. No one will care how you came in possession of the bottle or if there was anything in it. I'm actually surprised they didn't give your GF a citation after you handed her the bottle! If you plead not guilty and either one of them shows up, the costs will escalate. Take my advice and just pay the fine and let it go. That's unfortunately how the system works.