My question involves a traffic ticket from the state of: Florida
Hello,
Recently while my wife and I were sitting in the car in a public paid parking lot in Fort Myers, drinking a couple of beers, a FMPD officer snuck up to the drivers door of my car from behind and shined a flashlight into the car. He knocked and I opened the door (no power windows since keys were not in ignition). I said I am sorry we are just relaxing and not trying to cause any trouble. He said you are my age, you know better. He asked if we had any weapons in the car and I said no weapons but a magazine (firearm) in the glove box. He asked us to get out of the car. We were patted down. Numerous officers arrived. Being forthcoming with nothing to hide, I said you can search the car, afterwhich a basic search of the car was performed. We were issued the following:
Florida Uniform Traffic Citation
Me
316.1936
Officer's written comments: "Properly Parked - not running", "Open container - driver vehicle not running"
My Wife
316.1936
Officer's written comments: "Properly Parked - not running", "front passenger"
We were told that we were free to go, and left on foot toward downtown. After some time I began reviewing 316.1936, and decided it would be good to take pictures of exactly where the car was parked relative to other businesses. I did not obtain a receipt for the $5 parking fee as I payed in cash.
The next day I have reviewed 316.1936 in its entirety. I realize that I did not know it is illegal to have an open container just sitting in a car which is not running. I acknowledge that ignorance of the law is no excuse. However, I question whether we actually violated the law. Please consider the following exerps from 316.1936:
316.1936(b): ""Road" means a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith."
This section does not explicitly indicate a parking lot. Does "including, but not limited to" imply parking lot? If the lawmakers intended for parking lots to be included, why wouldn't they have indicated "parking lots"? After all, they included lesser known things such as culverts, drains, sluices (what is a sluice?!), ditches, etc.
316.1936(2)(b):"(b) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while seated in or on a motor vehicle that is parked or stopped within a road as defined in this section..."
The question is, if I request a hearing and challenge this based on my declaration that we were on the "road" as defined in 316.1936(b), what are my chances of getting this dismissed?
Thank you.

