What should be the enforcement action when a driver is found with an open case of sealed beer but no signs of consumed liquor?

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The appropriate enforcement action in the described scenario is to take no action, as no offense has been committed. In many jurisdictions, including under Ontario law, simply having an open case of sealed beer in a vehicle does not constitute an offense unless there is evidence that the driver has been consuming alcohol while operating the vehicle. Since there are no signs of consumed liquor, it indicates that the driver is not in violation of any laws related to alcohol consumption and driving.

Possession of sealed alcohol containers is generally permissible, particularly if the driver is of legal drinking age and the alcohol is stored in a manner compliant with local laws (for instance, not within the driver’s reach). Enforcement actions such as citing the driver or confiscating the beer would typically require evidence of an actual alcohol-related offense, which is lacking in this case. Additionally, filing a report for potential future actions would not be warranted without evidence of wrongdoing. Thus, no action is appropriate when the driver has not displayed any signs of intoxication.

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