Open Container ticket in Manasquan

Submitted by kailz7 t3_yd7vct in newjersey

I got an open container ticket in Manasquan a few months ago. I am 26 years old and moved to NYC from Maryland in April. I was shocked to learn my ticket was over $400. I was wondering if anyone had any advice on if I should just pay the ticket or go to virtual court and plead guilty with an explanation in hopes that the ticket gets lowered. Any advice would be super helpful!

0

Comments

You must log in or register to comment.

Algae-Ok t1_itqhlur wrote

For this one I would go to court and try to talk to the prosecutor prior and seeing if they can lessen the charge. But don’t wait and let it become something more.

4

bros402 t1_itqjbp4 wrote

Go to court, talk to the prosecutor and see if they offer anything. If they don't, then just pay the fine. Court costs are around ~60

2

kailz7 OP t1_itqokj6 wrote

got it i will try that! so there is a possibility that they could lower the fine?

1

bros402 t1_itqpjwv wrote

They might change it to a different charge.

1

AshamedAtmosphere835 t1_itqk18p wrote

Was it during the summer?

2

kailz7 OP t1_itqodw1 wrote

yes it was LDW and my court date is tomorrow! scared

1

AshamedAtmosphere835 t1_itqq9zu wrote

Since you’re a “Benny” and it was a summertime ticket, particularly during a holiday weekend you’re pretty much screwed

3

kailz7 OP t1_itqqk1o wrote

if you were me would you just pay the citation? I think it is $450 although if I try and fight it and go to court it will be $60 court fee

1

AshamedAtmosphere835 t1_itqqpdm wrote

You can absolutely go to court and try to fight it. At worst it costs you a little more money and a wasted day

1

kailz7 OP t1_itqr535 wrote

that is true.. luckily the court is virtual so it wouldnt be a complete waste of my day

2

AshamedAtmosphere835 t1_itqrmz3 wrote

What’s your defense going to be?

2

kailz7 OP t1_itqspw6 wrote

haha i am not exactly sure yet so could use some help there.. i think something along the lines of i moved to new york city a few months ago and although i have been loving it it has been quite the adjustment! i was at the jersey shore for the first time and i didnt know about the strict open container laws being from maryland. i know ignorance is not an excuse although i was hoping showing up today and showing that i am sorry and that it wont happen again will help reduce the fine

2

AshamedAtmosphere835 t1_itqwr1s wrote

Shore towns make their money from Memorial Day through Labor Day. If you’re out of state during the summer, and you’re caught doing something, you’re not going to find any mercy from the police or courts. You’re going to need one hell of an excuse to find something to reduce the fine.

As they say “come on vacation and leave on probation”

2

bensonr2 t1_itqxa8f wrote

I would just pay it.

There are open container laws in most jurisdictions to my knowledge.

The only 2 places I'm aware of that allow open containers in popular tourist spots are New Orleans and Vegas. I'm sure there may be more but the point is its not common.

It seems like you defense is not that you didn't know that was against the law but that you didn't think it was a law that was enforced.

I'm not judging I'm just saying I can't picture that defense getting you very far and you'll just pay court costs on top of the ticket.

2

kailz7 OP t1_itqyk7p wrote

yes that is a good point.. lol i wish i knew that it was that expensive gif

3

bensonr2 t1_itrepua wrote

I would just count yourself lucky its not a required court appearance. Fines suck and like everything else are just getting more expensive. My last speeding ticket from 3 years ago cost me over 200 so I'm not surprised a misdemeanor is at least 400.

I would take it as a lesson learned that Jersey Shore towns do not F around with minor offenses. A lot of towns are a bit heavy handed in the interest of trying to keep it family friendly. Just cause you see coolers on every other blanket doesn't mean you won't be the poor SOB who gets a ticket when they go around checking.

1

cloudAhead t1_itr3moj wrote

You could try to beg for the mercy of the court and ask for a lesser fine, but I wouldn’t count on it. As others have said, this is how shore towns make money and their budgets are tight as well.

0

kailz7 OP t1_itr6oo8 wrote

yeah i might have to do that- living in nyc things are tight! someone was saying to ask for a lesser fine and donate to charity which might work?

1

WakeRider11 t1_itqrhau wrote

I don't have any advice to offer, but it does remind me of about 25 years ago my now wife drove down to Manasquan and grabbed a beer while unpacking her car and got snagged on the sidewalk between the house and the car with an open container. Must be a great moneymaker for them.

I wonder if fighting it now might be a good move if the person that wrote the ticket was one of those temporary cops that now wouldn't be around to show up in court.

2

kailz7 OP t1_itqsx5x wrote

oh man that is brutal!! it really must be a great moneymaker especially during the summer time. yeah i am not sure because it is also virtual court so im not sure how it works? is the cop suppose to show up also and if he doesnt i can say not guilty?

2

oatmealparty t1_itrpc49 wrote

If the cop doesn't show up, the judge might dismiss it, or they might adjourn it for another day. Depends on the judge.

Before it gets to the trial though, you'll have a pre trial conference with the prosecutor. It's possible they will work something out with you, but considering it's the shore, I doubt it.

1

kailz7 OP t1_itv2stu wrote

update: got the fine reduced!

2

Known_Tomato_3353 t1_itqnnj4 wrote

What?! That’s ridiculous!! You can go to the court and they’ll assign you a prosecutor which won’t cost anything - it’s worth a try

−2

throwaway2343576 t1_itqpf4r wrote

Um prosecutors prosecute. They work for the County and represent their interests, not the person who has the citation.

7

kailz7 OP t1_itqq6wr wrote

right but i have been to court before for a speeding ticket where the prosecutor lessened the charge so not sure if it would work similarly for an open container citation

2

_Ricky_Bobby_ t1_itt4zlk wrote

In nj municipal prosecutors work for the municipality not the county. Most municipal prosecutors in nj would be willing to offer downgrades in order to avoid trial but there needs to be something to downgrade it to that makes sense. For instance, almost any moving violation can be amended to unsafe operation of a motor vehicle (no points) because and moving violation would also be considered unsafe.

I don’t think there is anything that the prosecutor could really downgrade that to

1

kailz7 OP t1_itqom1h wrote

i know lol i was expecting the ticket to be around 100 tops

1

_Ricky_Bobby_ t1_itt3aez wrote

What is the statue on the ticket? If it is 39:4-51b your fine won’t be 400 it’ll be more like 200

1

oatmealparty t1_itroneo wrote

You can't get a public defender for a fine like this.

1

_Ricky_Bobby_ t1_itt44uz wrote

In nj you need to be facing a “consequence of magnitude” in order to be eligible for a public defender. Any case where you are facing a fine in excess of $800, loss of license, or jail is considered a case with a consequence of magnitude. An open container ticket for violating 39:4-51b would not be enough to qualify

2