Hi All, I was charged with having open alcohol in an unlicensed area. I was in a taxi when we were stopped by a group of police on bikes and asked to show what we (3 passengers in the back seat) were holding. We all showed both hands which were empty. (I should also add, that the taxi driver did not slow down initially when the police officers approached and they were extremely angry. The taxi driver thought the police offers were motioning him to move up away from a the street corner.) The police officers found an empty red cup with ice cubes /liquid on the floor of the taxi. When we were given tickets outside the taxi, they also searched the taxi and found another clear empty (dry) cup somewhere in the vehicle. My question is, can all 3 of us be charged for open alcohol when we were not holding anything and there was no liquor bottle? The taxi driver was also given a ticket, and supports that he did not see us drinking in the vehicle. How would you approach this in court? Thanks!
Hi All,
I was charged with having open alcohol in an unlicensed area. I was in a taxi when we were stopped by a group of police on bikes and asked to show what we (3 passengers in the back seat) were holding. We all showed both hands which were empty.
(I should also add, that the taxi driver did not slow down initially when the police officers approached and they were extremely angry. The taxi driver thought the police offers were motioning him to move up away from a the street corner.)
The police officers found an empty red cup with ice cubes /liquid on the floor of the taxi.
When we were given tickets outside the taxi, they also searched the taxi and found another clear empty (dry) cup somewhere in the vehicle.
My question is, can all 3 of us be charged for open alcohol when we were not holding anything and there was no liquor bottle?
The taxi driver was also given a ticket, and supports that he did not see us drinking in the vehicle.
Though it happened in a car this is not an HTA issue you could of had the same charge walking on the sidewalk with a cup. Bottom line is go to trial and tell your story. Why do you think that the officers believed you had alcohol in the cups if they were empty? A disclosure request will give you additional information.
Though it happened in a car this is not an HTA issue you could of had the same charge walking on the sidewalk with a cup.
Bottom line is go to trial and tell your story. Why do you think that the officers believed you had alcohol in the cups if they were empty? A disclosure request will give you additional information.
Based on your description of events I think it would be very difficult to prove the charge in Court. Did the cups have alcohol in them prior to you being stopped? Would the officer be able to testify there was a residue or odour of alcohol coming from the cups? I'd follow the usual steps on this site and request disclosure and see what the evidence is.
Based on your description of events I think it would be very difficult to prove the charge in Court. Did the cups have alcohol in them prior to you being stopped? Would the officer be able to testify there was a residue or odour of alcohol coming from the cups? I'd follow the usual steps on this site and request disclosure and see what the evidence is.
The ticket said that the one female was holding a plastic red cup and the other female took a sip from it. Cab pulled over and ice cubes were found at the feet at the feet of the other passenger. The officer said he picked up the cup and there was odour of alcohol coming from the cup
The ticket said that the one female was holding a plastic red cup and the other female took a sip from it. Cab pulled over and ice cubes were found at the feet at the feet of the other passenger. The officer said he picked up the cup and there was odour of alcohol coming from the cup
There is no evidence.I had a case like that they dropped 5 charges all the cops were present.(in my case) Did they even take your empty cup? Just plead not guilty. Cheers Viper1
There is no evidence.I had a case like that they dropped 5 charges all the cops were present.(in my case)
Did they even take your empty cup?
Just plead not guilty.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
I got a speeding ticket on the 401 by Cornwall. The officer said I was going 140 initially then dropped it to 130 (for the record I don't believe for a second I was going 140, that's way faster than I would ever intentionally drive). I filled out the info on the back of the notice to request a…
I was recently charged with stunt driving on a 60kmh road. When I was pulled over, the officer told me I was going almost 100kmh (still 40kmh above the limit) but was charging me for stunt driving because I accelerated quickly from an intersection on an empty road (in a straight line). I know…
what to do about a an illegal right turn onto steeles from staines rd
got the ticket around october of last year
put it to trial
so there is a big mess of cars at this intersection and I see a cop outside standing directing traffic with a huge row of cars pulled over to the side, through…
Are any non-domestic vehicles "pursuit-rated" in North America? Also have the Michigan State Police (this is relevant because apparently they have the most accepted selection/testing process) tested any of them to see if they meet their criteria? Just curious...
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for…
A friend got a ticket Jan. 9th of this year for doing 110 kph in a 90 kph zone, so 20 over.
What should the set fine and total payable read?
It's confusing to me, as the prescribed fine under HTA s.128 is different than the set fine enumerated by the Chief Justice of the Ontario Court of Justice.
An OPP officer ticketed me claiming I was going 40km/h over the limit (140km/km) on my way home with a few friends on the 401. This is my first ever speeding offense. Although I am sure I was over the limit, I am almost certain that I was not going 40 over, more realistically closer to 30 over. The…
Yesterday night I was charged for stunt driving (excess over 50km/h) and I have a few inquiries. I'm sure you've all heard the same story, but the unmarked cop in an SUV was tailing me for a good 2-3 minutes as I was travelling 120~135 km/h. Then as he came close I decided to boot it up…
I had a speeding ticket in May 2013 which brought me to 9 demerit points out of 15. I received a letter and had to attend an interview. Due to a history of speeding tickets and a previous interview a few years prior, the interviewer decided to put me on zero tolerance for a year. Meaning if I…
