Marietta to vote again on Open Container laws for the square.
According to the Atlanta Journal and constitution, the City of Marietta was to vote on allowing alcoholic beverages on the square and around many business that currently provide alcohol in their establishments. Marietta would be the 5th city in Cobb County to approve open containers on its streets behind Kennesaw, Smyrna, Powder Springs and Acworth (according to the Marietta Daily Journal and Cobb County Courier). This is all following already approved open container laws in cities such as Roswell and Woodstock (see patch and AJC). Many people don't realize that the ability to carry a alcoholic beverage has been approved in some cities.
The real issue that some cities take with allowing people to open carry is that law enforcement is worried that the open carry may lead to arguments in the open, such as fighting and disorderly conduct charges or a DUI charge.
Of course should YOU find that your enjoyment of a alcoholic beverage leads to problems with charges, there are facts to every case where defenses can be raised for anyone charged with the crimes of Disorderly Conduct, Open Container and DUI. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutor's office.
Remember that every case is different because no two sets of facts are the same. Proper application of not just the law but also case law to your situation would take examination of the facts surrounding your case and creating a properly mounted defense for YOUR arrest.
Our office has 24 hour response lines and can answer your questions and help you. Give our team of lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.