We’ve all been there. You pick someone up to give them a ride to an event, and they jump into the car with a “traveler” (open container). You may wonder what kind of exposure you have in this situation. If it is clear to everyone involved that the alcoholic drink is in the possession of the passenger, they are the one who would be ticketed. However, if an officer has occasion to observe your vehicle and someone has an open container, chances are you are facing a bigger issue than the open container. It is a read flag, and only brings attention to your situation. It is never a good idea to have an open container in your car. But mistakes happen, and you may wonder what could happen to you.

The Florida Open Container Statute 316.1936 states that “an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked non-passenger area of the vehicle.”

The statute also defines an open container as any alcoholic beverage that is immediately capable of being consumed, or the seal of the container has been broken.

For the passenger, “An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger.”
According to Article IV of Florida Statute 316.1936, if any passengers of a motor vehicle are in possession of or consume an open alcoholic beverage, the open container law is violated. This type of offense is considered a non-criminal moving traffic violation, which can mean the driver can be fined up to $500 and possible jail time, depending on what county you are pulled over in. Pasco County enforcement has gone through changes in recent years, so it’s best to be safe rather than sorry here. It may also lead to points assessed against your driver’s license. This does not apply for those passengers in a motor home that is parked or stopped.

If your designated driver is pulled over and you have an open container in the car, the officer can issue tickets to both you and the driver. If you have been charged with an open container offense, depending on the severity of the situation, you may be charged with a misdemeanor and incur a fine, which will vary between different ordinances. When you are faced with criminal charges, it is important that you get in touch with a criminal defense attorney who is knowledgeable about Florida’s open container laws and penalties and experienced in handling them.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

You may have wondered when can the police arrest you? What does it take for them to take you downtown? Can they do that just because they don’t like you looks, or do they need a good reason.

“Probable cause” requires more than a mere suspicion that a suspect committed a crime, but not an absolute certainty.

Probable cause is the key issue in the arrest process. The police need probable cause to make an arrest or obtain an arrest warrant from a judge.

(For more information on the probable cause concept, see How much “probable cause” do cops need? For an explanation of the standard needed for a detention, rather than an arrest, see What is reasonable suspicion?)

Establishing Probable Cause

To establish probable cause, police officers must be able to point to objective circumstances leading them to believe that a suspect committed a crime. A police officer can’t establish probable cause by saying only something like, “I just had a hunch that the defendant was a burglar.”

Judges, not police officers, have the last word on whether probable cause exists. A police officer may be sincere in believing that the facts establish probable cause. But if a judge examines that same information and disagrees, then probable cause does not exist (or did not exist, if the question is being decided after an arrest).

Note that probable cause may have existed at the time of an arrest even if the defendant didn’t actually do anything wrong. Put differently, an arrest is valid as long as it is based on probable cause, even if the arrested person is innocent.

How Much Information = Probable Cause?

The million-dollar question is: How much information do police officers need to convince a judge to issue an arrest warrant or to justify a warrantless arrest? In general, probable cause requires more than a mere suspicion that a suspect committed a crime, but not as much information as would be required to prove the suspect guilty beyond a reasonable doubt. (See How much “probable cause” do the police need?)

Because probable cause is an abstract concept, a firm definition of it is evasive. Courts have to determine case by case whether there is or was probable cause for an arrest.

If you have been arrested and if you wonder if the police had probable cause, you should consult with Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.