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.

