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.

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

Was it during the summer?

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

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

okay thank you!

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

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

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

They might change it to a different charge.

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

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

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

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

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

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.

What’s your defense going to be?

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

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?

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”

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.

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

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.

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?

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.

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

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.

https://www.americanbar.org/groups/legal_services/flh-home/flh-faq/

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

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

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

update: got the fine reduced!