May 26, 2009 By Wallin & Klarich

If you’ve been cited for one of the many violations dealing with non-DUI alcohol-related offenses, it could end up costing you hundreds of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. However, with a skilled attorney experienced in defending traffic tickets, you can fight your traffic ticket and win.

Two of the most common alcohol-related traffic violations include:

Open container on person of driver (VC 23222(a)) – This is the most common of the “minor” alcohol offenses. A violation of this section requires that the driver of a vehicle hold an open container which contains any amount of alcohol. While the law states that the driver must have alcohol on “his or her person,” this section is often cited if an officer wishes to ticket a driver when a passenger possesses an alcoholic beverage. If this is the circumstances of your situation, you have a very winnable case. If the officer wished to cite someone for having an open alcoholic container, he should have cited the passenger under VC 23226, as discussed below.

Open container kept in vehicle by driver or owner (VC 23225(a)) – This section varies from the violation immediately above because it does not require an open container be on the “person” of the driver. You may be cited for this offense if there is an open alcohol container located almost anywhere in your vehicle besides the trunk. However, it is not necessary to even be driving – you may be cited for this offense if you are the owner of the vehicle and someone else is driving, or if you are parked on the side of the road.

If you have been cited for any of these common alcohol-related traffic violations, it may be in your best interest to contact an experienced California criminal defense attorney from Wallin & Klarich today to discuss your case and how you can have your ticket dismissed. Often times, these sorts of tickets can be reduced to non-moving infractions or even get completely dismissed so that you don’t get a point on your record or an increase in your car insurance.

With over 30 years of experience, Wallin & Klarich San Diego criminal defense attorneys have dealt with all of these infractions before, and will be able to give you the best possible chance to win in court. Our aggressive attorneys are available 24 hours a day 7 days a week to advise you on your case. Call us today at 1-888-280-6839. Also, visit us online at to learn more about your case and what can be done.

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