Last night I was drinking with my friends and there was a whole group of kids at the gas station whom I knew. Next thing I know, a police van drives by and pulls me over to see what I had inside a bag. He made me pour out my fifth of vodka, which was inside a bag and out of sight. I then get a ticket for $230 for public drinking even though I wasn't consuming any at the time I am surely disputing it in court, as It will extend the time I have to pay it off at the least. Any way I can win this dispute? I am also of legal drinking age BTW.
Yes, the bottle was half full inside a non-transparent bag. The thing is, I got charged with public drinking and not public consumption. Like how else is someone meant to transport a container of alcohol? Do I just pour it out simply because the seal was broken?
thats confusing, they'd almost need to breathalyze you because without that, nothing is certain. if you contest it, i could see it being dismissed based on that fact alone. without the results from a breathalyzer, how does the cop have proof that you were drinking?
Very true, he did claim I was intoxicated yet he did not breathalyze me. But the charge was for consumption in public, so wouldn't the breathalyzer thing be irrelevant?
if he can't prove you had a BAC over .00, i don't see how he could charge you with consuming alcohol at all, much less in public.
Exactly, like the charge was for public consumption, even though the cops told me it was for possessing an open container (unless they are the same charge?) No breathalyzer done on me as well. I think I have a pretty good chance!
yeah I have a feeling the consuming liquor in public will get thrown out but you probably get stuck with having an open container in the car, by law you have to keep any opened liquor bottles in the trunk even if you're not moving.
There was no car. I was on the sidewalk! The ticket only says consumption in a public area, nothing about having an open container.
i wouldn't worry about it. all you have to do is show up in court and plead not guilty, its such a light charge that the cop probably won't be there that day to testify and it'll be dismissed. best of luck to you.
pshh in that case that cop is a douchebag and you shouldn't be charged with anything, fight it in court I bet you'll get it dismissed.
Like others mentioned, go to your court date. Tell them you were not drinking. The officer's statement will say he smelt liquor on you and that's why he gave you the ticket. How old are you? If you're over 21 odds are you can fight it by just saying you had the previously consumed liquor in your bag and you drank it at a friends house, not on the sidewalk. You'll most likely get this thrown out.