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?
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.
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.
use at your own risk"
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