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Old 09-29-2010, 12:28 AM
 
14 posts, read 18,416 times
Reputation: 11
Default Open Container Violation Overland Park, KS

My question involves criminal law for the state of: Overland Park, KS

Was pulled over in my vehicle while intoxicated, I was not driving but in the passenger seat. Had a bottle of Champagne at my feet that was previously opened. I had actually paid a random girl to drive me and a friend home to prevent a dui, didn't want to leave my car in that area, and she was cute. Anyways, I'm in violation of the following offenses

12.04.106 Transportation of Intoxicating Liquor
NextPage LivePublish

And
No seatbelt

I read someplace that if the vehicle is used primarily for taxi purpose, that it would exclude this, is this correct? If so, if I could provide a receipt, that I paid to be taxied by this individual, can I fight this? Are their any defenses I could possibly use? Or should I just plea guilty? I don't have any traffic tickets, haven't been in much trouble EXCEPT for

possession and trafficking of a manufactured substance 10+ years ago and was expunged from my record
KCMO

public urination
disorderly conduct
over 8+ years ago
KCMO

Can these priors effect the judges decision fine/sentence? Should I get an attorney or represent myself?

Would appreciate any help!!
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Old 09-29-2010, 07:17 AM
 
Location: Volker, Kansas City, MO
12,062 posts, read 17,824,602 times
Reputation: 3596
I doubt you can be "taxi-ed" in your own car. It's probably a very good idea to consult a lawyer though -- even if it's just a traffic lawyer. Open container laws are weird, but Kansas has pretty old-school liquor laws!
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Old 09-29-2010, 09:17 AM
 
Location: Austin, TX
13,683 posts, read 3,651,881 times
Reputation: 12300
I would get an attorney. According to the link, the punishment is $200 and up to six months in jail. And I doubt you'll get a six month sentence, but it sounds like something that should not be taken lightly. The fact that you had a sober driver should help you I would think.
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Old 09-29-2010, 03:33 PM
 
29,990 posts, read 18,683,229 times
Reputation: 12323
Quote:
Originally Posted by Ritmo View Post
My question involves criminal law for the state of: Overland Park, KS

Was pulled over in my vehicle while intoxicated, I was not driving but in the passenger seat. Had a bottle of Champagne at my feet that was previously opened. I had actually paid a random girl to drive me and a friend home to prevent a dui, didn't want to leave my car in that area, and she was cute. Anyways, I'm in violation of the following offenses

12.04.106 Transportation of Intoxicating Liquor
NextPage LivePublish

And
No seatbelt

I read someplace that if the vehicle is used primarily for taxi purpose, that it would exclude this, is this correct? If so, if I could provide a receipt, that I paid to be taxied by this individual, can I fight this? Are their any defenses I could possibly use? Or should I just plea guilty? I don't have any traffic tickets, haven't been in much trouble EXCEPT for

possession and trafficking of a manufactured substance 10+ years ago and was expunged from my record
KCMO

public urination
disorderly conduct
over 8+ years ago
KCMO

Can these priors effect the judges decision fine/sentence? Should I get an attorney or represent myself?

Would appreciate any help!!
Yes, if you have any doubts, hire an attorney.
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Old 09-29-2010, 06:44 PM
 
805 posts, read 1,148,616 times
Reputation: 367
It can, and probably will be, cheaper if you use a lawyer and you may come away with lesser charges, too.

PM me if you want the name of a guy who does a lot of work in DUI, etc.
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