A Browning & Long client from Charlotte was charged with a Misdemeanor Open Container in violation of North Carolina G.S. 20-138.7(a), which requires the state to prove that a person drove a motor vehicle with an open container in the passenger area while consuming alcohol or while alcohol remains in the driver’s body. If convicted, our client could face up to 20 days in jail, significant fines, probation, community service, alcohol treatment classes and even a suspension of his driver’s license.
In this case, our client’s car was in a parking garage while he attended an event at a local college. After the event, our client returned to his car where he noticed that his bumper had been hit. When the police arrived that he called, they investigated the accident and during their investigation found an open, but corked, bottled of wine in a bag located in the back seat of our client’s vehicle. Our client admitted that the bottle belonged to him; however, never admitted to driving the vehicle.
After investigating the facts, the former Charlotte prosecutors at Browning & Long found a significant weakness in the State’s case. The attorneys at Browning & Long discussed the case’s weakness with the Assistant District Attorney and accordingly, the Misdemeanor Open Container Charge was dismissed.
