CHARGE: OPERATING A MOTOR VEHICLE WITH AN OPEN CONTAINER

In another legal victory, the legal team at the Marin, Barrett, and Murphy Law Firm successfully secured a favorable outcome for a Client facing charges of Operating with an Open Container. Our Client, deeply concerned about the potential consequences, sought assistance from our experienced defense attorneys after being offered a 90-day loss of license at his initial hearing. This outcome posed a severe threat to his ability to commute to work, particularly considering his employment at Electric Boat. Adding to the difficulties of the case were two prior alcohol-related offenses on his driving record.

Upon engaging with the client, Attorney Jason Ollman conducted a detailed consultation to understand the specifics of the incident. Reviewing the relevant statutes, several key factors emerged that formed the foundation of our defense strategy. Notably, the vehicle was parked in a parking lot, with the engine turned off, when law enforcement officers arrived on the scene. Furthermore, the container in question was found to be empty, further complicating the prosecution's case.

Additionally, recognizing the potential benefits of proactive measures, Attorney Ollman advised the client to initiate alcohol treatment before the trial date. This strategic decision not only demonstrated the Client's commitment to addressing any underlying issues but also bolstered our defense.

During the pre-trial hearing, Attorney Ollman engaged in discussions with the arresting officer, highlighting the mitigating factors surrounding the incident. By articulating the circumstances surrounding the parked vehicle and the empty container, coupled with evidence of the client's proactive engagement in alcohol treatment, our legal team effectively persuaded the prosecution. As a result, the case was dismissed, marking a significant victory for our client.

RESULT: OPERATING A MOTOR VEHICLE WITH AN OPEN CONTAINER CHARGE DISMISSED on April 1st, 2024