Hey guys I need some advice...

My friend got a ticket for having open liquor in the car and himself having an expired drivers license. I know a stupid mistake. however he wasnt the one with the open liquor, his friend in the passenger seat had the liquor, but they both got a ticket. He has put the ticket to court. I was wondering if anyone knew how to fight this ticket, or any advice I can pass to my friend.

With these offences, am I right to say that if the cops dont show up the tickets are dropped?


Is there a way of getting a lesser charge to these offence?

thanks
shyylo

 

why would he worry about open alcohol? isnt that ticket no points? did he have to take the breathalizer test?

i'd worry about the suspended license alot more.

 

Nopers, In BC at least you would be screwed. If one person had claimed responsibility for the open container, perhaps both might not have been charged. If both occupants deny responsibility, then both occupants may get a charge. The expired dl, well, that is a ticket well deserved. The open container, well, it is also a ticket well deserved. Here we have someone driving around that has either lost their license for whatever reason or has failed to get a new one and is allowing alcohol to be drank in their vehicle. If you are old enough to drive, you are old enough to know that any alcohol in a vehicle must be sealed. Sealed does not just mean a closed unopened cap on a case of beer, it means the case is sealed as well. It means the 6pack of cans, all are still in the plastic holder. It means that it is in the trunk or totally out of reach of the occupants of the vehicle. Chances are that the police officer does not need to show up, but, should you decide to fight, perhaps he will show up and he also has the option of adding additional tickets as well.

It is the friends right to take the ticket to court, perhaps the court may have a different view of it as compared to the police officer or the general public. Lesson learned either way. Good luck to the friend in court.

 

if he talks to a judge or a justice of the peace there is a chance he can get whatever fines reduced if he can convince them he didn't deserve the ticket or that he dosen't have any money...... and he'll probably have to plead guilty....


MR2NR... you used to be a cop, yes ?

Ive never heard that sealed meant the container or packaging was completly untouched... are you sure thats accurate ?

If a cop tried to hit me with a ticket for open alcohol because the case of beer or bottle of liqour thats out of reach had been opened I don't think that would hold up....

otherwise Iam breaking the law quite often....


I have heard of cops giving tickets for empty containers.... but then how in the hell are you supposed to return your empties... ?? I think some cops just hand out bogus tickets..... Ive got more then one before....

 

i wonder what happens if you have a wagon car like a subaru impreza?

just reach your hand out of the backseat and have a sip .

 

No driver's license AND open liquor????

Ticket served and DEserved.

Pay up and smarten up.

 

he is correct, if u even cracked the seal on a 2 6 that could be considerd open alcohal, its usually up to the cops discretion, if uve got a bunch of booze in the trunk with ballons that say happy birthday grandma then he probably wouldnt ticket u or remove the booze as he doesnt want granny to have a bad birthday...if theres an expired liscense, a case of beer with 7 left in it then by all means they will not only take the beer they will ticket the occupants, one could take repsonisibilty for said booze but the driver ultimately makes the decision to let the open beer in the car

 

What province are you in? The expired licence you're screwed on, but the open liquor would depend on reading the law in your province.

Here's BC:

(a) if the liquor is in a container that is unopened and has an unbroken seal,

(b) if the liquor is being transported or used in accordance with a licence issued under this Act, or

(c) in any other case, if the motor vehicle

(i) is a motor home and the liquor is kept in a cabinet away from the driver's area,

(ii) is a station wagon or hatchback and the liquor is behind the rear seat, whether or not that seat is in an upright position,

(iii) is a pickup truck and the liquor is in an exterior compartment, a space designed for the carriage of baggage or parcels or any other location that is not readily accessible to any person in the motor vehicle,

(iv) is a motorcycle and the liquor is not readily accessible to the operator, or

(v) is not one referred to in subparagraphs (i) to (iv) and the liquor is in the trunk or space designed for the carriage of baggage or parcels.

So it is ok to have sealed cans/bottles anywhere in the car. If they are not sealed, they need to be in the trunk/pickup bed/behind the rear most seat.

 

how much is the ticket? chances are its not even worth missing a day of work.if it is a large ticket and perhaps any points,i would get a lawyer to help you out.
There are loopholes that are quite helpful.
I got t boned 2 years ago(was going thru a yellow)and the left turner from the opposite side hit me,well i got a ticket for careless driving(never figured that one out)anyways,i got a lawyer and got the ticket totally withdrawn,seems the cop who investigated wasent the same cop who wrote my ticket.Worked out fair anyways cause i felt it wasent my fault anyhow!

 

I got an open liquour ticket once. as well as a speeding and possesion of liquour underage.

all by the same cop in one night. totaled $700. and I only had my licence for 8 months.

I went down to talk to the majestrat. she took off the open liqure charge with out me even really saying anything. she just read the police report, ask me what happened. I told here the same thing as in the report. then she took off the one ticket. I had to go for a novice drivers cource. been told by many many people im damn lucky that I didnt loose my licence. got 4 demerits tho.

I didnt try and fight them. I ****ed up. I deseverd them no question. I payed them and learnt my lesson the hard way.