open container charge deferred dwi pending TEXAS

[footdr]

If a person takes deferred on having an open container and recieves deferred,
can the open container charge be suppressed in the DWI trial?

Also, taking deferred does not mean you are pleading guilty to consuming it in your vehicle. Is that correct? In this particular incident the individual had several empty cans of beer in a cooler. The beer was consumed earlier by him and friend he was hitting balls with on the driving range.

He was stopped for speeding less than 20 miles over the limit 4 hours later.. He was in a loaner vehicle which he picked up several hours after leaving the driving range. The cooler was in the trunck of his car and he transfered it to the suv loaner from the dealership along with other personal items Then took off for a golf outing 2 hours away for the weekend.

Assuming his driving did not indicate any of the signs of intoxication listed by the NHTSA , is the open container evidence of DWI on its own? And if the charge has already been tried and deferred how can it be used in the DWI trial?

 

[Kane]

If the police found open containers in your vehicle, they can testify to that effect at your DWI trial. That's true regardless of the disposition of the open container charge, or, for that matter, whether you were charged with open container at all.

That fact that you had an open container, in and of itself, does not prove you were DWI.

 

[ceara19]

Was the open container citation given at the same time as the DUI or was this a prior unrelated incident?