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San Francisco DUI Lawyer: Open Container – No Chemical Test Needed

Posted on in DUI

Open Container – No Chemical Test Required To Establish Alcohol

Derosiers v. District of Colombia , - A.3d - -, 2011 WL 1894854 (D.C.)

Circumstantial evidence held sufficient to support a conviction for possession of an open container of alcohol in a vehicle, even in the absence of a chemical test of the liquid in glass jar that allegedly contained alcohol. Police officer observed and smelled liquid and recognized, based on his experience, distinctive smell of vodka emanating from clear liquid inside glass jar found next to defendant, smell of alcohol emanated from defendant and vehicle containing jar, and defendant, who was asleep in front seat of parked vehicle, appeared to be intoxicated at time jar was found next to her.

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