Alcohol & Drugs: MIP, MIC, Intoxication Administrative Citation for Open Container in San Luis Obispo; the bottle was empty

[mpb4mib]

It's Hallowwen weekend and I dressed as a French Woman and carried an empty bottle of wine.
While walking to the Halloween party, I was given an Adminstrative Citation for Possession of an open container 9.04.010. I am over 21, had not been drinking and the bottle was empty. When the officer turned it over, drops came out as I had rinsed out the bottle at home. I was not tested for consuption and was given the bottle back even though the citation clearly states that I was ordered to immediately cease the activity and further ordered not to repeat or continue the activity for which I was cited. The code states that it is unlawful to possess a bottle containing alcoholic beverge which has been opened, or a seal broker, or the contents of which have been partially removed. It was empty.
The citation carries a $350 fine and there is an Administrative Appeal process.
Can I successfully appeal base on the fact that I was carrying an empty bottle that was part of a Halloween costume?

Thank you for any advice that the forum might provide.

 

[army judge]

I suggest you contest the citation if you believe you were falsely accused.

Legally, you are innocent until proven guilty.

Save the "evidence" to present at your hearing.

From what you relate, you might have a 60-40 shot at winning this.

If you lose, you are out no more money than if you ponied it up today.

 

[mightymoose]

Sounds pretty cheap to me... was there some other rowdiness going on that persuaded the officer to issue the citation? It seems unlikely anyone would take the time to write this up without some kind of provocation... but its possible.
If it is as you say I would certainly fight it.

 

[mpb4mib]

Thank you I was thinking the same.