Open Container Ticket in Berkeley, California

My question involves criminal law for the state of: Berkeley, CA

I have to go to court for a open container ticket and I'm very worried what's going to happen since I have never been to court before.

I was in Berkeley drinking Mike's hard lemonade with my friends in Tilden park, and there was a sketchy looking guy looking at us half the time. When me and my friends got into the car he knocked on my window and asked me for my license and wrote me a notice to appear in court slip for "b&p open container" Mikes hard lemonade 1/4 full. My friends and I all had the bottles in our hands when walked to us (3 bottles) and he took all of them but only cited me.

2 months later I called back the court and they told me I have a mandatory appearance before the end of December of 2012. They did not give me a specific court date.

What is the fine and consequences for me? And will it affect my DMV or driver license? I cannot afford to have any more DMV points on my record due to two minor car accidents I was liable for.

This is stressing me out I need help and advice.

What is the specific code section for which you were cited? If simply for an open container per BP 25620 it should have no effect on your license and should be an infraction subjecting you to fines only.

I just called the court and he said that there is no subsections; my violation was a B&P 25620. I was informed that I appear anytime before the end of December. In addition I may have a trial. What does this mean? Do I need to make two court appearances? Thanks a lot.

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Quoting zdavid1229

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I just called the court and he said that there is no subsections; my violation was a B&P 25620. I was informed that I appear anytime before the end of December. In addition I may have a trial. What does this mean? Do I need to make two court appearances? Thanks a lot.

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If you plead "guilty" you can probably pay the fine and be done with it. If you plead "not guilty" then a trial date will be set and you will have to come back.

Ok, also the officer and the court only cited me for the open container infraction, but he might have seen me take a few sips of hard lemonade before I walked to my car and sat in it. Are they going to give me a drinking in public citation when I go to my hearing? The ticket is circled "I" though.

No, they are not likely to ADD any new offenses at arraignment. You should be facing what you were cited for. Besides, there is no state law about "drinking" in public, though there might be a local ordinance on it. However, if they intended to charge you for that the officer would have added that offense as well.

I did some research, and I cannot find the alcohol ordinances for the city of Berkeley. Is it a good idea to mention I had a few sips in court? My apologies for so many questions, this is bothering me a lot.

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Quoting zdavid1229

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I did some research, and I cannot find the alcohol ordinances for the city of Berkeley. Is it a good idea to mention I had a few sips in court? My apologies for so many questions, this is bothering me a lot.

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If you are planning to plead guilty and pay the fine, you'll probably never have to provide any more detail than admitting you had an open container in your possession. If you wish to contest the citation at trial, then you may have to testify in greater detail, but even then you are being charged with possession and not consumption.

Thanks a lot, I will go to court on Monday and see what happens, may I still have ur assistance if I need it?

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Quoting zdavid1229

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Thanks a lot, I will go to court on Monday and see what happens, may I still have ur assistance if I need it?

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If you need something, just come back. I suspect this will be easy to take care of, though.

Be careful where you drink in the future. And when you do, do so responsibility.