Open Container violation

[DwightKSchrute]

What is the name of your state (only U.S. law)? Illinois

On my way to a bar entrance, I put on the ground a bottle of lemonade mixed with 1 shot of vodka. Right away, a policeman put handcuffs on me and pulled me into the squad car. In the car he asked if that bottle contained any alcohol and if so what kind. I responded that it contained a small amount of alcohol. He then gave me a ticket for possession of an open container and let me go. Nowhere in this process did he pick up the bottle or taste it, and the bottle was left on the street. He did not see me drink from the bottle. Is there a way I can fight this? I was thinking that I could ask the judge for leniency since it is my first offense, and that the only alcohol in that bottle was one shot mixed with a whole bottle of lemonade. And given that my claim is that there was such a miniscule amount of alcohol in the lemonade bottle, and the policeman did not even check, was it even enough alcohol to be considered an open container? In the definition of an open container there it might say how much alcohol constitutes one?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Illinois

On my way to a bar entrance, I put on the ground a bottle of lemonade mixed with 1 shot of vodka. Right away, a policeman put handcuffs on me and pulled me into the squad car. In the car he asked if that bottle contained any alcohol and if so what kind. I responded that it contained a small amount of alcohol. He then gave me a ticket for possession of an open container and let me go. Nowhere in this process did he pick up the bottle or taste it, and the bottle was left on the street. He did not see me drink from the bottle. Is there a way I can fight this? I was thinking that I could ask the judge for leniency since it is my first offense, and that the only alcohol in that bottle was one shot mixed with a whole bottle of lemonade. And given that my claim is that there was such a miniscule amount of alcohol in the lemonade bottle, and the policeman did not even check, was it even enough alcohol to be considered an open container? In the definition of an open container there it might say how much alcohol constitutes one?

It is an open container due to the fact that it was NOT sealed shut and it had alcohol in it. It doesn't matter how much alcohol was in it. Your ADMISSION was all that was necessary.

 

[Mass_Shyster]

Get yourself a lawyer.

From your telling of the story, the police officer may have arrested you before he had probable cause for the arrest. If you were not read your Miranda rights before he asked you about the bottle, your lawyer may be able to get the admission thrown out.

 

[Ohiogal]

Get yourself a lawyer.

From your telling of the story, the police officer may have arrested you before he had probable cause for the arrest. If you were not read your Miranda rights before he asked you about the bottle, your lawyer may be able to get the admission thrown out.

Good point. I missed the part about the handcuffs before the question. I reversed them.