Asked 5/20.2016 – College Station, TX

I was visiting a city for a graduation party and was driving to a friend’s place to crash for the night. At 3:15 am, the officer on the opposite side of the road “clocked” me and I was ticketed for going 66 on a 40 on a two lane road in clear weather and road conditions. He performed a quick search through my car window with a flashlight and found a bottle. He asked if it was empty and I told him yes. I was also sober at the time. I am well aware of the open container laws. Long story short, I was ticketed for speeding, with no mention of the “open container” on the ticket. I want to plead not-guilty to explain that given the circumstances i was not posing a danger to anyone else. I’m not looking for a dismissal, just a possible fine reduction and/or eligibility for traffic school (ineligible because i was 26mph over)

Answer

The officer has the right to issue additional citations from the incident for 2 years from the date of the offense. Contact a local attorney to determine if the court where your case is pending will allow deferred disposition to keep this ticket from being reported as a conviction on your driving record.