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  1. #1
    Join Date
    Jan 2013
    Posts
    1

    Default Non-Driving Open Container Citation in Philadelphia

    My question involves criminal law for the state of: PA

    Was waiting for my subway heading to a sports event. Had a drink in hand with some friends. A SEPTA police officer asked me what I had and I told him "water". He took it smelled it said it smelled like vodka and wrote me a citation for open container.

    The citation that was written be the officer only mentioned I had the drink in my possession, had a strong odor of alcohol coming from my person, but it did not mention he had witnessed me drinking from it.

    I suppose my question is do I have a valid argument in saying...

    "The drink was not mine. It was on the bench where I wanted to sit down. I merely picked it up to throw it away to make room to sit. That's when I was approached by the officer and issued the citation"?

    Thanks in advance for your feedback.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Non-Driving Open Container Citation in Philadelphia

    If the drink wasn't yours you wouldn't have said, "Water", you would have said, "I have no idea - this was on the seat here, and I was just about to throw it away so I could sit down." It's unlikely that a court would have believed your tall tale even without the "water" fib, but afterward I don't think you have a snowball's chance.

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