Open container violation on a non public road

Mansfield, CT

This isn't driving related, but its the closest to this subject.

I am a University of Connecticut student and was recently issued a open container ticket at an off campus apartment complex. I was walking through the entrance and an officer stopped me 50 feet away from the main road and saw that I had an open beer container in my hand. This is the complete statute along with definitions:

"PARKING AREA -- Parking lots, parking garages and similar areas made available for the parking of motor vehicles away from the highway or street which are open to the public use with or without charge.

PUBLIC AREA -- Any area open to or accessible by the public with or without charge in which consumption of alcohol liquor is not permitted by the owner or lessee thereof.

PUBLIC HIGHWAY -- Any Town road or state or federal highway in the Town of Mansfield, including shoulders, tree-belts and sidewalks within the right-of-way.

§ 101-5. Possession and consumption of alcoholic liquor.

No person shall consume any alcoholic liquor, or have in his or her possession any open container of alcoholic liquor, while upon or within the limits of any public highway, public area or parking area within the Town of Mansfield. The possession of an open container of alcoholic liquor or consumption therefrom by any person while in a motor vehicle parked within or upon a public area shall also be a violation hereof.

§ 101-6. Penalties for offenses. [Amended 4-8-1996, effective 5-3-1996]

Any person who violates any of the provisions of this article shall be fined no more than $90 for each violation. "

There are a couple of issues with my alleged violation. First of all it occured on a private drive of a privately owned apartment complex, not a public highway. Also, this aparment complex allows the consumption of alcohol. The police in fact condone the non violent consumption of alcohol at this complex as long as there is no fighting or destruction of property. Why is it arbitrarily bad for me to have an open container walking by an officer near the entrance, when literally 30 or 40 feet from me in the complex there are thousands of individuals with open containers who would never get ticketed for an open container violation. There are two other issues. As i was getting my ticket, 5 individuals walked by me with open beer containers. The officer simply warned them. The only excuse te officer could give as to why he did not fine them was basically that he was lazy and did not want to write that many tickets. The other issue is fairly clear cut, unless there is now some hidden service charge from the police like ticketmaster. As you can see, in 101-6 it clearly states "Any person who violates any of the provisions of this article shall be fined no more than $90 for each violation." The ticket I was issued was for $92. Do I have a case to argue this?

[CdwJava]

If you were walking through the entrance you were either coming in or going out - either way you were in a publicly accessible area consuming alcohol.

And the $92 may be the fine plus administrative costs. The max. fine of $90 does not likely include fees and the like.

I doubt you have much to argue unless the area you were in was completely controlled, fenced, and restricted from general public access. In CA we have similar statutes, and you would be in violation here as well (at least in those locales where an ordinance has been passed making it unlawful).

Carl

A public area is defined as an area where consumption of alcohol liquor is not permitted by the owner or lessee. This means I couldn't go to the local Subway and crack open a beer because they dont have a liquor license. A private drive in a privately owned apartment complex in which consumption of alcohol is allowed does not fit this description. The open container was not on the public highway which was in front of the apartment complex, but was only opened after I was within its confines. The biggest concern is how do you explain the arbitrary nature of enforcement. If you are in this complex the cops are literally at the apartments watching the kids play beer pong, laughing and talking with them, many of them under age, all with open containers, and never has a student been stopped for that reason nor would they be. What makes the area within the confines of the complex that the officers chose to park their cars and stop kids so different than an area 40 feet further in where open containers are allowed without exception? The officer may have assumed I had the beer open on the main road coming in, but I did not, it was only opened in the complex.

And you're saying yes, there are ticketmaster-like hidden services charges on police tickets now. That's awesome.