In most jurisdictions, she will still be charged with DUI. Talk to a lawyer who practices DUI in your area right away to get some guidance to get through this.
My 19 year daughter was the front seat in an on-owned vehicle. Total of 5 kids in vehicle (3 rear passengers). Police pulled vehicle over & found open container under front seat as per traffic infraction. Daughter stated that beer was not hers & refused to admit same as requested by police officer. She was placed in hand cuffs for about 1 hour. She was the only one issued citation for open container.
Is it protocol to hand cuff someone for a non-arrestable offense? Based upon FS 316.1936, as the bottle was under the seat (assessable to rear passengers) & not in passenger's physical control", why was she cited? Is this worth fighting?
