Open Container Violations

Charged With an Open Container Violation in Austin?

Call Attorney Jackson F. Gorski at 512-960-4646 for help!

Open container violations are common in the Austin area and this is especially true of college students and working Texans who have had a long day at the job. Although the offense isn’t jailable, for an officer to cite you for an open container violation implies that you’ve been driving which could escalate or compound the matter if you’re accused of DWI.

Attorney Jack Gorski is ready to talk with you if decide to contest the citation, and you should. In Texas, DWI, MIP, and driving related incidents involving alcoholic beverages are taken seriously. Fighting the charge is beneficial as you wouldn’t want to generate or develop a criminal record.

If you’re serious about protecting your future and defending your good name, or if you believe the charges were in error and the officer made a mistake, contact The Law Office of Jackson F. Gorski today. The phone number to the law firm is 512-960-4646 or you can send a discreet message using our secure contact form.

Texas Law & Open Container Cases

Understanding Open Container Violations

Open container violations are defined by three specific aspects;

  • the presence of an open container in
  • the passenger area of a vehicle
  • on a public roadway.

If a police officer of sheriff’s deputy finds an individual with open container in the passenger area of a vehicle that’s located on or directly next to a public roadway, they’ll issue a citation to the driver of the vehicle for an open container violation.

An open container is defined as any device which contains, contained, or intended to contain alcohol, that has been opened or has a broken seal. The passenger area of a vehicle is defined as any place in the vehicle excluding a locked glove compartment, locked trunk, or the storage area in the back of a forward facing seat in a vehicle that doesn’t have a trunk or glove box. A public roadway is defined as any public road which is accessible to the general public or directly adjacent to the public road (such as a shoulder or street-side parking space).

Criminal Penalties

Individuals charged with an open container violation will not have to go to jail, but will be ticketed and expected to appear in court or pay the fine. Open container violations are Class C Misdemeanor offenses which are punishable by a fine of up to $500.00.

Although the offense isn’t the most serious of crimes, if you pay the fine or make a deal with prosecutors you’ll generate a criminal background which will follow you around for the rest of your life. A charge like this can be detrimental for college students and young adults who may be interested in furthering their education as some institutions of higher learning may view the applicant as a delinquent, which won’t bode well for individuals hoping to enroll in said institution.

Charged with an Open Container Violation in Austin?

Contact Attorney Jackson F. Gorski Immediately

Austin Open Container Violation LawyerNo matter how minor or severe the charge against you, it’s best to appear before a judge with an humble demeanor about yourself and in the company of your lawyer. Your lawyer is your advocate and the judge will give them more respect and audience that you alone. In a jury trial, this is even more important.

If you have any upcoming court appearances, now is the time to call The Law Office of Jackson F. Gorski. Attorney Jackson F. Gorski is a professional when it comes to helping defendants, providing legal services, and is known for being effective in court. If you’re ready to schedule a time to take advantage of your free case evaluation, call 512-960-4646.

Austin Open Container Violation Lawyer

The Law Office of Jackson F. Gorski