How to fight a drinking ticket

[MooseheadV6]

Last fall I got nabbed outside a bar at Western for drinking. Ya probably not the brightest move, but those were the uni days. I didn't have the beer in my hand at the time the cop nailed me and in fact he didn't seem to sure who was drinking in the first place. Technically bouncers shouldn't allow drunkin patrons to walk out with beers, but I guess being drunk doesn't exempt me from any laws. I have my court date coming up in April and was wondering if anyone has had any luck fighting these. I could care less about paying the damn ticket, I just want to beat the cocky ass cop who issued the ticket. I've done my research, read the regs, and basically it comes down to my word vs. his. Any tips?

Cheers,

[hamill]

I'm assuming you were in London since it was outside Western.....thanks for lettin me know....I live in London :)


Anyway....What is the ticket specifically for? Being drunk in a public place? Drinking and driving (likely not since you still have your liscense)...or having an open alcholic beverage in a public area? This are all different so you are going to have to be more specific before anyone can help ya out.

[MooseheadV6]

It was for drinkin in the parking lot of the bar in violation of 31 (2):

No person shall have or consume liquor in any place other than,
(a) a residence;
(b) premises in respect of which a licence or permit is issued; or
(c) a private place as defined in the regulations

[MacsCat]

Who does the parking lot belong to? If it's the bar, then doesn't that qualify as a private place? You may want to check what the "regulations" defines as a public place.
And depending on how far you wanna take it, did you not get the beer from the bar?, to whom a liquor licence most likely states that alcohol sold by them can only be consumed inside the bar.

I do know one thing, is that they are very tough on drinking in public areas. They've got cops and paddy wagons going up and down the street just looking for this kind of stuff. A previous acquaitance got nabbed several years ago under the same circumstances, only two cops grabbed him off the sidewalk, and threw him in a paddy wangon before anyone knew what happned.

Maybe you can tell them that you asked the bouncer if you could drink the beer in the parking lot, if it's the bar's, and he nodded yes (or something like that) which would shift the responsibility to the bar. I dunno.

Good luck!

[DaveW]

Since you had been drinking, you might be deemed intaxicated. Cop could say that your perception of the events is incorrect.

[hamill]

DaveW....if they felt he was drunk they would have thrown the book at him.....meaning in addition he would be hit with being drunk in a public place.

thinks to consider....

1) No evidence. all you have is a ticket, and if you are going to fight it, the officer would have to show up in court and prove his case. (if it's in London...they normally don't show.
2) If you were in a group of friends.....did the officer approach you and you have a bottle in your hand?...if you didn't...the ticket is illegitimate.


If I were you, look presentable...dress up. Prove you're a good citizen and that you don't want a blemish in your record. Apologize to the court, and only speek when spoken to and think before answering so as not to studder. Think of every detail that night and put it forth....do not make anything up....they will call you on it. Just be honest and show respect both to the judge and the officer. (they love that stuff)

[PuckPuck]

Here's my question... why go to court to fight a NON-criminal charge... drinking in public is the same as a traffic violation... pay the fine, don't miss out on going to work and dont' worry about it.... you will have no blemish on your record.....

[James]

i've gotten one of them on seminole st. in windsor. It's only a 105 dollar fine. Just pay it and forget it.