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.
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.