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Ontario Highway Traffic Act

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Open Alcohol In Car
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PostPosted: Mon Oct 25, 2010 3:08 pm 
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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.


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Re: Open Alcohol In Car
PostPosted: Mon Oct 25, 2010 10:59 pm 
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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

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Re: Open Alcohol In Car
PostPosted: Tue Oct 26, 2010 6:00 am 
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Location: In YOUR rearview mirror!
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.

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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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PostPosted: Fri Oct 29, 2010 7:45 pm 
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simply put, you deserve the ticket and a much higher fine


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PostPosted: Fri Oct 29, 2010 9:49 pm 
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Location: somewhere in traffic
pvotrainer wrote:
simply put, you deserve the ticket and a much higher fine


A little harsh considering "all" the evidence, don't you think?

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Re: Open Alcohol In Car
PostPosted: Fri Oct 29, 2010 10:21 pm 
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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

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Re: Open Alcohol In Car
PostPosted: Sat Oct 30, 2010 12:51 am 
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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.

GS


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PostPosted: Sat Oct 30, 2010 2:18 pm 
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Location: Toronto
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.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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Re: Open Alcohol In Car
PostPosted: Wed Nov 03, 2010 12:43 am 
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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

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Re: Open Alcohol In Car
PostPosted: Wed Nov 03, 2010 10:35 am 
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Location: In YOUR rearview mirror!
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.

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Re: Open Alcohol In Car
PostPosted: Wed Nov 03, 2010 10:34 pm 
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hwybear wrote:
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.


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

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PostPosted: Thu Nov 04, 2010 2:38 pm 
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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).

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* 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


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Re: Open Alcohol In Car
PostPosted: Thu Nov 04, 2010 7:51 pm 
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Location: In YOUR rearview mirror!
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.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Last edited by hwybear on Thu Nov 04, 2010 9:41 pm, edited 1 time in total.

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PostPosted: Thu Nov 04, 2010 8:41 pm 
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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

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use at your own risk"


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PostPosted: Mon Nov 08, 2010 8:24 pm 
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Location: Stratford, Ontario
So your passenger didn't down it quick, why?? ;)


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