Hey Guys I was hoping you can help me out here. I was charged with having open alcohol in my car. The only problem is that I wasn't even drinking or anything like that. I had empty bottles on the passenger side floor and I had my cousin sitting on the seat, and one bottle had a little bit left in it, maybe 1/4 inside. The cop still gave me a ticket for it. I don't mind paying the 215.00 fine but I was wondering if I should fight it or not? I wanted to know also if there were any demerit points associated to this fine/ticket? Thanks again for your help.
Hey Guys I was hoping you can help me out here. I was charged with having open alcohol in my car. The only problem is that I wasn't even drinking or anything like that. I had empty bottles on the passenger side floor and I had my cousin sitting on the seat, and one bottle had a little bit left in it, maybe 1/4 inside. The cop still gave me a ticket for it. I don't mind paying the 215.00 fine but I was wondering if I should fight it or not? I wanted to know also if there were any demerit points associated to this fine/ticket?
All you do is trial version (3) When you say not guilty they will drop it. If they don't drop they have to show some evidence,I doubt if there is anything left in that part bottle. Good luck Cheers Viper1
Omesh wrote:
Hey Guys I was hoping you can help me out here. I was charged with having open alcohol in my car. The only problem is that I wasn't even drinking or anything like that. I had empty bottles on the passenger side floor and I had my cousin sitting on the seat, and one bottle had a little bit left in it, maybe 1/4 inside. The cop still gave me a ticket for it. I don't mind paying the 215.00 fine but I was wondering if I should fight it or not? I wanted to know also if there were any demerit points associated to this fine/ticket?
Thanks again for your help.
All you do is trial version (3)
When you say not guilty they will drop it.
If they don't drop they have to show some evidence,I doubt if there is anything left in that part bottle.
Good luck
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
other than a fail to surrender charge, open liquor is very easy offence to prove in court. Located a open 341ml bottle of Coors Light. I observed 1cm depth of beer in bottle. No demerit points for a LLA offence.
other than a fail to surrender charge, open liquor is very easy offence to prove in court. Located a open 341ml bottle of Coors Light. I observed 1cm depth of beer in bottle.
No demerit points for a LLA offence.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Do you have to provide the open liquor(evidence?) I never tried but to me it seems easy to beat. Cheers Stripe
hwybear wrote:
other than a fail to surrender charge, open liquor is very easy offence to prove in court. Located a open 341ml bottle of Coors Light. I observed 1cm depth of beer in bottle.
No demerit points for a LLA offence.
Do you have to provide the open liquor(evidence?)
I never tried but to me it seems easy to beat.
Cheers
Stripe
"hang onto your chair when reading my posts
use at your own risk"
Do you have to provide the open liquor(evidence?) I never tried but to me it seems easy to beat. Cheers Stripe I have never had to produce the alcohol. Again a very easy charge to prove in court. GS
viper1 wrote:
hwybear wrote:
other than a fail to surrender charge, open liquor is very easy offence to prove in court. Located a open 341ml bottle of Coors Light. I observed 1cm depth of beer in bottle.
No demerit points for a LLA offence.
Do you have to provide the open liquor(evidence?)
I never tried but to me it seems easy to beat.
Cheers
Stripe
I have never had to produce the alcohol. Again a very easy charge to prove in court.
Some HTA/LLA offences are extremely easy to prove, and this is one of them. The standard for conviction is that the officer observed a container of alcohol in the passenger compartment that was open... and that's it. Given the situation, I'd suggest either plea-bargaining or just paying it.
Some HTA/LLA offences are extremely easy to prove, and this is one of them. The standard for conviction is that the officer observed a container of alcohol in the passenger compartment that was open... and that's it. Given the situation, I'd suggest either plea-bargaining or just paying it.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Not trien to pick on yah hwybear But how your saying it is beer make it beer? Cheers Viper1
hwybear wrote:
other than a fail to surrender charge, open liquor is very easy offence to prove in court. Located a open 341ml bottle of Coors Light. I observed 1cm depth of beer in bottle.
No demerit points for a LLA offence.
Not trien to pick on yah hwybear
But how your saying it is beer make it beer?
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
yeah...your pickin on me and I'm tellin "admin, Viper1 is pickin on me :!: Like everyone else (inlcuding you :wink: ) when someone hands me a beer, I know it's a beer. The can/bottle. Other than cigarettes and bottle caps inside, I've never seen anything else inside a bottle/can. Everyone knows the colour, smell (fresh or raunchy stale). Someone hands you a beer at an event that your not familiar with, most of us, look at label, hmm interesting and then try it. Some I have tried have been beer, but certainly could peel paint off the wall they taste so bad, but still same good ole smell.
yeah...your pickin on me and I'm tellin "admin, Viper1 is pickin on me
Like everyone else (inlcuding you ) when someone hands me a beer, I know it's a beer. The can/bottle. Other than cigarettes and bottle caps inside, I've never seen anything else inside a bottle/can. Everyone knows the colour, smell (fresh or raunchy stale). Someone hands you a beer at an event that your not familiar with, most of us, look at label, hmm interesting and then try it. Some I have tried have been beer, but certainly could peel paint off the wall they taste so bad, but still same good ole smell.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Do you not need to produce the evidence? They said it was 1/4 bottle, how would the officer preserve the evidence? Or even to prove it is beer?(it might smell different after 5-6 months) Do they bring the bottle to court? From what has been said so far it sounds as if verbal word convicts? I think a whiskey bottle would be easy but a part bottle of beer not so easy. P.S. where does returning empties fit in? It just makes me wonder if it is cut and dried or the person just pays and moves on. Cheers Viper1
hwybear wrote:
yeah...your pickin on me and I'm tellin "admin, Viper1 is pickin on me
Like everyone else (inlcuding you ) when someone hands me a beer, I know it's a beer. The can/bottle. Other than cigarettes and bottle caps inside, I've never seen anything else inside a bottle/can. Everyone knows the colour, smell (fresh or raunchy stale). Someone hands you a beer at an event that your not familiar with, most of us, look at label, hmm interesting and then try it. Some I have tried have been beer, but certainly could peel paint off the wall they taste so bad, but still same good ole smell.
Do you not need to produce the evidence?
They said it was 1/4 bottle, how would the officer preserve the evidence?
Or even to prove it is beer?(it might smell different after 5-6 months)
Do they bring the bottle to court?
From what has been said so far it sounds as if verbal word convicts?
I think a whiskey bottle would be easy but a part bottle of beer not so easy.
P.S. where does returning empties fit in?
It just makes me wonder if it is cut and dried or the person just pays and moves on.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
They're supposed to be in the trunk, or otherwise out of the passenger compartment (e.g. could carry them in the flatbed area on a pickup truck).
viper1 wrote:
P.S. where does returning empties fit in?
They're supposed to be in the trunk, or otherwise out of the passenger compartment (e.g. could carry them in the flatbed area on a pickup truck).
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Some officers seize the alcohol, seal it and lodge in property vault. Others just dump at roadside and give empties back to owner. In my beginning years I brought a case of beer and partial open to court, JP looked at me like I had screws loose, have never brought alcohol to court again. Never had problem with conviction. Verbal word convicts - same as every other trial...fail to surrender documents, speeding etc.
viper1 wrote:
Do you not need to produce the evidence?
They said it was 1/4 bottle, how would the officer preserve the evidence?
Or even to prove it is beer?(it might smell different after 5-6 months)
Do they bring the bottle to court?
From what has been said so far it sounds as if verbal word convicts?
Viper1
Some officers seize the alcohol, seal it and lodge in property vault. Others just dump at roadside and give empties back to owner.
In my beginning years I brought a case of beer and partial open to court, JP looked at me like I had screws loose, have never brought alcohol to court again. Never had problem with conviction.
Verbal word convicts - same as every other trial...fail to surrender documents, speeding etc.
Last edited by hwybear on Thu Nov 04, 2010 9:41 pm, edited 1 time in total.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Verbal word convicts - same as every other trial...fail to surrender documents, speeding etc. 1. No physical evidence needed for those.(hard goods from defense) 2. Man I would have paid to see you lugging in a case of opened beer to court. :lol: 3. If the beer was poured out it probably meant the OP admitted to it.(as 1/4 beer) It is too bad ,in my eyes the OP did not drink (probably designated driver) and still got a fine. Cheers Viper1
Verbal word convicts - same as every other trial...fail to surrender documents, speeding etc.
1. No physical evidence needed for those.(hard goods from defense)
2. Man I would have paid to see you lugging in a case of opened beer to court.
3. If the beer was poured out it probably meant the OP admitted to it.(as 1/4 beer) It is too bad ,in my eyes the OP did not drink (probably designated driver) and still got a fine.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
I have had a charge like that but not in a vehicle. I was in a after-hours bar one time when it got raided. Me and my gal were just sitting having a drink. They had shotguns stuff like that.(Toronto) They took anyone dancing out in paddy wagon's For the rest of us they went around and gave tickets.(to leave) My friend decided to resist a bit and after that our whole table was just gone. And him too lol. I went to court on the ticket because I knew they had no evidence. I recognized 4 of them in court. Guess what? My charge and the 3 against my friend were dropped./cancelled No reason they just told me to leave. Cheers Viper1
FyreStorm wrote:
Never lost one in court...
I have had a charge like that but not in a vehicle.
I was in a after-hours bar one time when it got raided.
Me and my gal were just sitting having a drink.
They had shotguns stuff like that.(Toronto)
They took anyone dancing out in paddy wagon's
For the rest of us they went around and gave tickets.(to leave)
My friend decided to resist a bit and after that our whole table was just gone.
And him too lol.
I went to court on the ticket because I knew they had no evidence.
I recognized 4 of them in court.
Guess what?
My charge and the 3 against my friend were dropped./cancelled
No reason they just told me to leave.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
Viper1 - that is an unique situation, it was an afterhour party raid - I will speculate that the crown saw all the charges and rather than prosecute all the little ones (such as yours) they added that much more of a penailty onto the owner/organizer of the event....in other words the instigator got the extra!
Viper1 - that is an unique situation, it was an afterhour party raid - I will speculate that the crown saw all the charges and rather than prosecute all the little ones (such as yours) they added that much more of a penailty onto the owner/organizer of the event....in other words the instigator got the extra!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
I've searched and either I'm not hitting the key words or the topic hasn't been touched on before (which I doubt, but anyway...)
Just curious how long a HTA conviction stays on record (both on MTO and insurance) and does the "clock" start from the offence date or conviction date?
I recently hit a van from behind, at a busy cross section. The reason was my lunch bag and coffee dropped to floor with a 'bang', so I did not fully stop. The police came and charge me with HTA 130 (careless driving), is this too much for me?
BTW I did not mention the coffee thing to the police since I thought this would only involve insurance company (I was hit by somebody a few years ago, the…
Got stopped for what I thought was going to be speeding, officer apparently had other ideas which needless to say surprised the heck out of me since Im positive I was not going over 150.
Ive done a LOT of reading already on here, Ticket Combat and some specific cases on Canlii (need to look up even more) and many other places but I still have some specific questions and some general ones I didnt…
Hi There , I need some direction and Im hoping that someone can point me there. I am 7 years into a lifetime suspension for 3 DUI's back in another life. About two years ago I started emailing the powers that be... ie , the Minister of Transportation , the judge that convicted me , ect ,,,,ect..... A friend of mine in the program , ( lawyer ) gave me some hope with a tribunal for appeals in…
Recently I was cited for speeding 105 km/h in a 60 km/h zone. I have two problems, firstly I am 18 and have my G2 (insurance is already expensive) and although I will likely have my G by the time this is resolved I want this to have the least impact on my insurance possible. The second and more important issue is that the officer who alleges I was speeding did not catch up to my car until I was…
I received a 141(5) left turn violation for an accident.
I was making a left turn across three lanes of traffic. The nearest two lanes were stopped for a traffic light up ahead of them and behind me. The third lane was a "right turn only" lane. As I made the turn, I saw a car pull out around the stopped traffic and enter the "right turn lane", so I stopped with my nose in the lane, but instead of…
Hi everyone I just received a ticket for parking the wrong way on the street in front of my house. There is not sign saying I have to park a certain way and I have been unable to find anything that says you have to park in a certain direction.
SO can anyone help me, I think I want to appeal the ticket but would like some advice to see if I am way off the watt with this one, or should I per sure…
Hello, i like many others a bad habit of attracting unwanted attention, and tickets. i drove a dark Eagle Talon that my girlfriend used to call a Bat-mobile. im also under 25 years old. well i drive for a living, and i want to do whatever i can to keep my abstract clean. so i sold the car, and im posting here. if anyone cares to take 5min and post your thoughts i would be delighted.
Good morning drivers, law enforcement, and traffic enthusiasts,
I recently received a ticket for "FAIL TO YIELD TO PEDESTRIAN." I was stopped at a red light in the left lane, signalling to turn left. The light turned green and as I pulled into the intersection, a pedestrian on the left crosswalk began crossing in the opposite direction. As I approached the crosswalk to complete the left turn, the…
I received a ticket on Hwy 6 North in Guelph going 90 km/h in a posted 70 km/h zone. I was clocked at 110 km/h and the officer reduced it to 90 km/h.
I requested for disclosure back in February 8th , after I received notice of trial for March 8th. The disclosure package did not get mailed, and when I went to the court on the day of trial, the clerk informed me that she had just…
I was driving past the ACC today in heavy traffic trying to eventually make the turn to go right to start my trek onto the gardiner. I had my Phone in my lap I was using it for GPS when I hear a knock on my hood. A police officer was just walking through the gridlock traffic to see who was on their phone. He immediately asked me to roll down my…
My case is a pretty 'common' one, I suppose. Nevertheless, I would like to read ideas and do some brainstorming: yesterday, after going out for dinner (about 11:00 PM ET in Oshawa) and while driving back on King Street North I noticed a police patrol following me closely. I did not attempt to speed away or anything. I simply continued my driving observing all precautions. Upon…
Hi, I'm new to this site, everyone seem really helpful to new members here. So here goes nothing.
I'm a G2 driver, aged around 20ish, male.
I got a ticket at around noon at intersection Markham road and Progress ave while I was driving my mother to work. I was going southbound on Markham road, I was going at about 70-75, I saw the approaching light and it was turning yellow and I decided to run for…
I got a speeding ticket today while I was at a stand still.
I had to stop as there was an elderly gentleman walking accross the left lane I was in. I could clearly see the speed trap up the hill as well as the en-mass brake lights from the vehicles ahead. I then accelerated up the hill and watched the speedometer. I never went above 60KM/H, speed limit is 50 I know but I'm trying to be honest.…
I'm new to the forum, and i'm not in the greatest situation...
I remember seeing a bright flash early in the morning a few weeks ago, and today i got a letter in the mail saying i ran a red light.
The problem is that i dont own the car, its my moms, and if she finds out i got the $325 dollar ticket il gonna get killed. I was lucky enough to have checked the mail today, and intercepte the…
A couple nights ago I was driving in the rain. I was at a 3 way intersection waiting to make a left turn. When i got the advanced green (may have just been a green light) I went and I didn't see any pedestrians. I proceeded to go but at the very end of my turn I saw someone walking towards my car. I abruptly stopped and triggered my abs brakes. When that happened it was too late, the pedestrian…
I've searched for hours looking for a similar situation to mine on a number of forums, and I couldn't come up with anything close. I know I need to file for disclosure tomorrow (my court date is October 7th), and plan to do so regardless of what else I end up doing, but I could really use some help with this one.
I was arrested on private property after being watched and stalked for over two hours…
I was driving down a two lane road, in the left lane. As I approached a construction zone, the two lanes merged into one. There was a sign that said the right lane ends, BUT this sign was incorrect. It was the left lane that ended.
Unfortunately I was driving according to what the sign said, and improperly continued into the right lane. This lead to me almost colliding into a bus.
I was given a ticket fail to obey stop sign. I was too far back from the white line. He has it on video that I was not at the white line - but he could not see exactly how far behind the white line I was because a big pine tree was in the way. It was dark, and I have a black car.
There was a car in front of me that duped me because he stopped - then pulled forward and stopped again - he was…
I got a speeding ticket back in June which I pleaded not guilty to. My main reason being that the ticket states that I committed the offence of driving at 129 km/h in a posted 90 km/h. But it was on Hwy 400 and I know it is 100 km/h.
My court date has been set. Maybe I should have researched more because reading some of these threads I see that this is not a fatal error and can be corrected in…
Hi Guys, my court date is Sept 28, 2015. Need help on whether I should plea or not. I got no evidence that I had stopped and will just be representing my self. Cop says I was speeding and ran a red light on a right turn. Both cases I told the cop I was aware of my driving and came to a stop / wasn't speeding. He issues me a caution ticket for going 120km and a ticket for fail to stop red light.…
I just had an experience where I had a cyclist ride off of the sidewalk in front of my car at a corner. I managed to stop, she went by me. She was looking backwards screaming at me and lost her balance, mostly due to the grocery bags on her handle bars. She fell in the other lane. I got out to see if she was okay. She had a scraped knee, but was fine. She said she was okay so I left. The police…
) when someone hands me a beer, I know it's a beer. The can/bottle. Other than cigarettes and bottle caps inside, I've never seen anything else inside a bottle/can. Everyone knows the colour, smell (fresh or raunchy stale). Someone hands you a beer at an event that your not familiar with, most of us, look at label, hmm interesting and then try it. Some I have tried have been beer, but certainly could peel paint off the wall they taste so bad, but still same good ole smell.
