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Open container violation?

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Harley-Davidson

Guest
What is the name of your state? Illinois

My friends and I attended a party at a nearby college campus (which a few of the friends attend school there). We had just gotten there and my friend and I were standing in the front yard. We each had just opened our first beer for the evening (I am 22 yrs old and he is 21). I spot a few police officers walking up the sidewalk. I think nothing of this since I am of legal drinking age. The officers then ask for both of our I.D.s. We both cooperated fully. I figured they just wanted to make sure we are of age. I then look down and see the officer starting to write a citation. I asked him what it was for. He stated that it was an open container violation. I asked him how I could get one on private property. He said you are on the wrong side of the sidewalk, which is public property. I looked down and I was ONE step from being over the sidewalk. I just kinda chuckled and figured I would just take the $50 fine (I was guessing) and not worry about it. Then he hands it over and it is $250!! I just thought that was pretty harsh for standing one step on the wrong side of the sidewalk in someone's yard. The officer could have just brought the situation to my attention, but I'm pretty sure he was just trying to meet his quota or something. Should I try and fight this? I am more than willing to fight it if I have a chance of winning in court. If I don't have a chance, I will just pay the fine and stay away from that place. If I fight it and lose, I will have to pay another $60 for court costs. Should I do it? Is it worth my time? Anyone have any experience with these? Thanks in advance!
 


JETX

Senior Member
Based solely on your post, it does appear to have been an 'overly strict' application of the law, but it would be really interesting to hear the officers side.

Bottom line... you admit that you were guilty. However, you certainly have the right to fight the ticket. Go for it, but be prepared to lose. One bright side, if it truly was as you told, the court may reduce the fine since it was really kind of ludicrous to issue the citation under the circumstances.
 
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Harley-Davidson

Guest
Halket said:
Based solely on your post, it does appear to have been an 'overly strict' application of the law, but it would be really interesting to hear the officers side.

Bottom line... you admit that you were guilty. However, you certainly have the right to fight the ticket. Go for it, but be prepared to lose. One bright side, if it truly was as you told, the court may reduce the fine since it was really kind of ludicrous to issue the citation under the circumstances.
Trust me, it was EXACTLY as I stated that it happened. I wanted an honest opinion of what would happen in court. I can't get an honest opinion unless I tell what happened honestly. I know it sounds like I am only giving my side, but that is actually how it happened. That is why I am am so furious with this citation. The cops are pretty strict in that area. The cop couldn't really tell it any different. I even told him that I was only one step over and he just said "yup" and kept on writing. I guess my main question is what would YOU do in my situation?
 

HomeGuru

Senior Member
However, based on the other threads on this website involving your drinking and the police, I'd say you are guilty.
I am positive the police have another recollection of the events that transpired.
 
H

Harley-Davidson

Guest
HomeGuru said:
However, based on the other threads on this website involving your drinking and the police, I'd say you are guilty.
I am positive the police have another recollection of the events that transpired.
I never claimed innocence here. I guess its more of an ignorance plea. I had no clue that somebody's front yard was public property. I guess I was wondering if there was a possibility the court would show mercy since I was guilty by a small technicality. If it was only around a $50 fine I would have chuckled and sent it away already. I guess the punishment seems very harsh for such a minor offense. I was curious to see if someone else has ever faced the same citation. As far as you questioning my credibilty, that is uncalled for. There really wasn't much room left for different perceptions here. It was pretty cut and dry. If I gave bunk info, I would get bunk advice (and what good would that do me?).
 

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