Q: Daughter was passenger in a car, they were stopped at a DUI checkpoint, there was open container in car,when asked by
officer she said it was hers, they only thing her and driver had to do was provide license, the officer took container and dumped it, and they were allowed to leave... She just got citation in mail, never recieved anything onsite.. can she fight it
A: Based on your description of the facts? Maybe. The fact that the officer did not issue the citation at the scene of the crime is not a defense. It is within their discretion to issue the citation up to 30 days after the date of the incident. If they didnt issue it within 30 days there is a statute of limitations issue. What was in the container might be a defense? As a practical matter you should do a full consultation with a local attorney. Many of these cases resolve with an agreement that leaves the charged without a conviction (every county has a diversion program for this charge).
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