Student’s lawsuit nullifies open container law

The police make arrests and write tickets but they do not decide if you are guilty. Only judges have that power. A judge in Virginia threw out a case against a Virginia Student ticketed for carrying an open container of alcohol, when the student’s attorney proved that the open-container law was invalid.

After doing some research, the student’s attorney discovered that the open-container law was based on and derived power from another law that no longer existed. Therefore the open-container law could not be used to prosecute the student. The judge promptly threw out the case.

The student won because her lawyer was creative and the judge was honest. You can fight your local curfew by being equally creative. We suggest that you protest the curfew by wearing a “Repeal the Curfew” sticker after curfew. If the police arrest you, then you can plead not guilty and you can tell the judge that you were exercising your First Amendment rights.

Will your local judge agree with you? We do not know and neither does the officer who arrests you. The police may tell you that you’re guilty but only a judge can rule that you are guilty.

We think that you have a good chance of winning in court, just like the student who beat her open-container charges. It is up to you to test your local judges by exercising your right to protest the curfew and your right to a fair trial.

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