Legal Question in DUI Law in Georgia

I had an open beer in my brother car a few weeks back. After dropping me off he was stopped and arrested. Can i be charged if i testify that I was a passenger in the car and the beer was mine.


Asked on 1/02/12, 8:31 am

2 Answers from Attorneys

S. Carlton Rouse Rouse & Co., LLC

No. If you were not driving / operating the vehicle you will not be charged. The tough news for your brother is he will likely face stiff penalties for driving with an open container. It is illegal to have an open container in your vehicle while driving in Georgia.

Despite the dire situation, your brother has defenses available to him that will at the very least minimize and/or mitigate the severity of the potential sentence. You and your family should contact a law firm for immediate assistance. Many of the legal/administrative defenses are time sensitive so you should retain a lawyer sooner rather than later.

For more information, visit us online at:

www.rousecolaw.com

Best of luck,

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Answered on 1/02/12, 8:50 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

As a passenger, it is unlikely that you have any problems. However, he faces a serious charge that could result in jail or loss of his license, and fines. He definitely needs counsel, and needs it very quickly as time may be important as to some steps he needs to take.

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Answered on 1/02/12, 9:40 am


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