So my friend and I both got an open container ticket on Halloween. It was pretty silly, there were hundreds of drunks all around us doing the same thing, and no one was causing any problems. But I'm wondering if I should fight it; the cop just nabbed the bottle of vitamin water that I was holding in my hand (although I was not drinking out of it), he never asked if he could take it, or search me. My friend had a metal sigg bottle. The cops opened them both and poured them out, and fined us $100 each. Did the cops overstep their bounds, and do I have a chance to get it dropped in court? He actually handed me back the emptied bottle of vitamin water. Thanks, buddy. On the light side, they let our friends take a ton of pictures of us getting busted. Fun laws we have in this country. Can't wait for tomorrow's prop 19 outcome. Farewell.
so it sounds like you actually had an open container of alcohol where you werent supposed to how about just taking the ticket and not waste everyones time trying to fight it since you admit to it anyways
what was their probable cause? what did they say to you exactly? what were you doing before this happened? and where did it take place?
probable cause: trying to maintain some civility, create a cash flow AKA :fines.. someone has to pay for the police, cant always be the tax payer thats sitting at home not drinking and rallying in the street.. '
1) maybe, not enough information to know for sure. 2) only if you have a really expensive lawyer. may be worth it though, if this is considered a misdemeanor, since with one of those on your record you're basically unemployable.
A cop can't just grab something from you and charge you for it. I was given a ticket for $125 for drinking in public once. I had a bottle of beer in my hand. I also fought a traffic ticket once and the cop didn't show up so I won. They usually don't bother because the court dates are often booked on their days off and they don't want to bother going in. You can and should fight it if that's what actually happened. Cops can't do that. You mean they should just bend over and take it up the corn hole even though the cop acted out of order?
don't worry, i was exaggerating. exaggeration based on truth though, it does make it a good deal harder.
. social event, that allows drinking IN designated area, sure EVERYONE is doing it.. Where its designated.. I love how were going to Legalize marijuana, so you can smoke that where ever you want, too.. This isnt logical thinking ..:juggle:
In most places in the world, and a few places in the US, drinking in public is not a crime. I think it is a crime here because, as you already mentioned, the government requires more money than can come from taxes alone. I think they should either raise taxes or have a smaller government, then. Unlike other crimes that result in fines, drinking in public, IMO, is not a danger, and fining this activity is arbitrary. So legally, I committed a crime, and I may be forced to pay it. But if I can get myself out of it - legally, by causing a stink about due process - I'm going to go ahead and try.
Pro tip, the punishment for drinking in public in New York City on a weekend is only a $25 ticket. Also if its the birthday of someone in your group, they'll let you chug the 24oz cans you all just opened while they're writing the tickets.
Do you have any medical reason that would require you to consume water? One that you can get a simple doctors letter for? If not, then pay the ticket.
sure they can..unless its not in plain view you only won because the other guy had a job and was busy or he had a day off and didnt want to waste it on a day in court for a guy who wants to waste taxpayers money to fight something he knew he did that was illegal he can..it one of our rights...but most people would just pay their dues cops can do that he was not out of order from the facts I seen but we all interpret situations differently
Exactly, the OP might be as lucky as I was. But seriously, above everything else it comes down to the morality behind the law. At least for me it does. People smoke in public, why can't people drink in public (as long as it's not in an alcoholic container such as a bottle), and as long as they're not driving? It's the same issue with cannabis legalization; it's not illegal because it's "bad" or can "hurt people". It's a moral issue. It's illegal because you can't patent a plant. Besides, his booze was in a water bottle. Not a can or bottle. It could have just been water, and even if cops are allowed to do that, I still think that it's wrong to do it. Also the wasting taxpayers money argument doesn't work. Look at the money that Parliament wastes. Needless city construction, etc. The government knows all too well how to waste the majority of Canadian tax dollars, so I'm not too worryed about fighting some ticket in court.
