Is an Open Container Ticket a Misdemeanor or an Infraction in California

My question involves criminal law for the state of: California

I received an open container ticket 25620 bp in Hollywood, Ca. The officers had walked by my friend's car and saw 2 open bottles of alcohol inside. At the time i was standing outside the car waiting for my friends so that we could leave. The officer then asked for our id's and gave us all tickets. I wasn't even inside the car at the time, so is it possible for them to charge me with an open container ticket? Also they circled it as a misdemeanor. I thought that an open container ticket is only an infraction? I am over the age of 21 as well. If anyone can help me out with these questions, I would greatly appreciate it. I've been worrying about it non stop :confusion:

It is technically a misdemeanor but is most often charged as an infraction. You will know at the arraignment.

I don't understand how it can be a misdemeanor though. I looked up the code 25620 bp and it stated:

Any person possessing any can, bottle, or other
receptacle containing any alcoholic beverage that has been opened, or
a seal broken, or the contents of which have been partially removed,
in any city, county, or city and county owned park or other city,
county, or city and county owned public place, or any recreation and
park district, or any regional park or open-space district shall be
guilty of an infraction if the city, county, or city and county has
enacted an ordinance that prohibits the possession of those
containers in those areas or the consumption of alcoholic beverages
in those areas.

Sorry ... I was thinking of a different section (am away from home on a laptop with a poor and frustrating connection) ... but, as these are usually handled in traffic court it matters little what the officer circled as the court will tend to handle it as an infraction anyway. However, if a local ordinance is cited, this could be a different story.

How would I be able to know if a local ordinance was cited?

It would have been on the citation. Since you mentioned 25620, it should not be.

This is not a serious offense and there is really very little to worry about.

Alright cool. I was just worried because he had circled misdemeanor and not the infraction part. So it sounds like it was just a mistake. But thank you for taking the time to answer my question. I really do appreciate it :)

Location: Huntington Beach, CA
Court: Westminster City,CA

I just got my case dismissed because the officer has written a ticket as an infraction. I want to contest it, went to court and a lawyer was there for one of his client. He ask me if I was charged an infraction on the ticket and I did. He told me the officer doesn't have the right to change the charge to an infraction and he did violate the law by changing it and ask me to represent me for free.

So he said to the judge that the officer doesn't have the right to charge as an infraction instead of a misdemeanor because the code for public drinking I was charged with is a misdemeanor. If he is in law enforcement, he has to follow the law. The judge dismissed the case base on that fact.

He also told me that if it was charge as a misdemeanor, you can ask for a jury trial and most DA will drop the case. Because the fine is so small and time consuming that they won't prosecute you on it.

You were likely cited for a local ordinance and not for BP 25620.

And, was your cite heard in traffic court? Was it a judge pro tem or a commissioner that heard the matter? Or a sitting judge of the superior court? I have never heard of such a dismissal ... but, I suppose anything could happen - especially when dealing with a pro tem.

It was Judge Flynn Matthew, commissioner.

I was charged a T14/4326(a) CR and dismissed for the argument "The State Park Officer has no authority to issue the violation in this citation as an infraction per Section 508(d) Public Ressource code"