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Ontario Highway Traffic Act

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Open Container of Beer in Car
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PostPosted: Wed Oct 29, 2014 3:19 am 
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Newbie

Joined: Wed Oct 29, 2014 2:52 am
Posts: 1
So, I don't drink and drive and never been convicted of any drugs/alcohol or weed.
I did have a gram on me when police pulled me over in Ajax, she claimed my stickers were expired, then said it isn't, because it wasn't expired, but she still asked for my Lic, Ins and Ownership. Then she called another officer, and called me out of the car, arrested me and fully searched me because my license was expired. After searching my car, they let me go with $350 ticket of improper license. This was first ever HTA offense. This happend about a year ago. I didn't get my notification of expiration because I just had moved. I didn't know I could get arrested for expired license, and then let go right afterr. SMH. This why i don't eat bacon.

Last night I went to my friends apartment for birthday party, called him and he wasn't home from work yet. So I pulled over and was very thirsty into a visitor parking lot. I didn't have water in the car. Now as far as I know, police can't approach you if you aren't seen doing something wrong. Well, because I was thirsty I opened a beer which came from a pack to the birthday, also I had a gram of weed on me. I didn't even take like 3 sips, or been about 5-10 mins, cops came to the parking lot. Now there were other cars and some drivers in their car. The cops pulled right across me and in about 10 secs, stepped out and came up to me, pulled my window and said hello. He and She asked me, or should I say, told that I have been having some beer, without even smelling anything. I did admit and explained the situation. They asked me to come out of the car, I did and searched me, which I didn't consent to. Searched my car and asked me if I had drugs, I said I have less than a gram of weed. They took the weed (got ripped? loll) ... and asked me to have a seat, while they get me some paper work, came back with open container ticket, an amount of $125. I am a broke student. They took two more beer bottles from my car to my trunk, still sealed.

Any chance I can beat it? Can I claim it was from previous day when I was taking my beer bottle collection to Beer store for refund?

Also, curiosity questions.
Did someone call me in, because it was secluded parking lot and why would they come straight to me while others are present in their cars. Considering when cops came to the parking lot, they didn't even see anything, except me playing with my phone.


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Re: Open Container of Beer in Car
PostPosted: Wed Oct 29, 2014 9:57 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Driving with an expired licence is not an arrestable offence. Either the officer needs a remedial on her arrest authorities or arrested you for a different reason then the HTA violation (though it should have been explained WHY you were being arrested).

In regards to your second offence, there's nothing preventing police from approaching a vehicle in a parking lot. If police have reason to believe there is alcohol in the vehicle, they can search the entire vehicle and it's occupants without a warrant. If there was still beer in the bottle, I don't know how you'd argue in Court you were just returning it to the beer store. Regardless, the law says open containers need to be kept somewhere inaccessible (i.e. the trunk).

Your best bet is probably going to be working out a plea deal with the Crown (to a reduced fine) and/or requesting leniency from the Justice of the Peace. They may reduce your fine further or simply extend how long you have to pay it off.


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Re: Open Container of Beer in Car
PostPosted: Wed Oct 29, 2014 10:08 am 
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Sr. Member
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Joined: Fri Oct 11, 2013 5:46 pm
Posts: 279
The "I am a broke student" argument isn't going to fly either. You clearly had money for beer, weed AND gas to go party! :)


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