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You don’t have to be driving a vehicle to get in trouble with the law for drinking alcohol while the vehicle is in motion and if you have a blemished driving record a citation for drinking as a passenger can lead to a lot of problems. If you have gotten a ticket and you don’t think the police had any real proof that you were actually drinking the car as it was moving, you want to hire a defense lawyer to fight the ticket.
If your license is currently suspended, you have past charges for driving under the influence or issues related to alcohol, you could end up losing your license for longer or indefinitely, and it will cost you more time and money to get your license back.
Penalties and Charges
A ticket for both the driver and the one drinking in the car are often issued when someone is caught drinking alcohol as a passenger. The ticket may only be around $250.00, but it could increase your insurance rates and have other consequences if you already have points on your driver’s license. If you are a repeat offender or alcohol charge,s the judge may require that you go to some type of alcohol education classes, or that you do community service.
There has to be substantial evidence that you were drinking the beverage while the vehicle was in motion, and that you brought the drink in the car. Here are a few things that could get you out of the charges or ticket:
You didn’t take a breathalyzer or blood test
There is no proof the drink was yours
Several people were in the vehicle
The officer didn’t take the drink with alcohol
Unless there is video evidence, or they can prove that your blood alcohol level was raised because of drinking in the car, not from drinking before you got in, it may be difficult for them to get the charges to stick. If the breathalyzer that was used wasn’t calibrated, this could be the reason to throw that piece of evidence out. You don’t want to sit back and take the ticket and the charges because you don’t think you can fight the officer’s word.
Plea for Obvious Guilt
If the officer has the bottle that you were holding, and they have proof that you were drinking while the car was traveling, your lawyer can try to work out a plea deal. This would mean you would admit to the guilt for a lesser ticket or a lesser charge, and then you wouldn’t have the alcohol related charge on your driving record.
As soon as you get the ticket you need to call a criminal attorney that can start to work to get the ticket dropped, or that can start to work to get the charged reduced. Once you have your consultation you’ll find out what your chances are of fighting the charges and making the problem go away, and what the best case scenario could be.