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
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