Driver and Passengers Cited for One Open Container

Hi I live in Butte County of California and I received an open container ticket, here is the story.

Me and my friends get pulled over. There is 1, opened beer in the drivers cup holder. (Which no one even noticed or we would have hid it)
The cop gives us all sorts of tickets and gives me just the open container ticket.
My friend plead guilty to the open container ticket and I plead not guilty and set a court date.
I missed my court date (un-willfully) and filed a motion to have another one.
My main question is.
Do I have any chance or grounds to have this dismissed? The beer was in the drivers cup holder and he plead guilty to the same exact ticket. I was the passenger. How can I be guilty of a crime someone already plead guilty to? I really hope there is something I can do about this. Thank you.

Nope, it was in your constructive possession. The police are not required to do a DNA test to see who was sharing it.

CVC 23223 Possession of Open Container in Motor Vehicle
(a) No driver shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
(b) No passenger shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.

The driver was in violation of (a). You, as a passenger, were in violation of (b). If everyone in the vehicle had equal access and dominion over the open container, you are all in constructive possession. However, as a practical matter, the driver claiming sole possession and dominion of the container MAY convince a judge to dismiss the charge against you. If your friend is willing to appear with you and claim sole possession (since he/she has already pled guilty, doing so adds no jeopardy), it is at least worth a shot, IMO.

Well I guess that is that then.
My "friend" won't come to court for me. (This was my first idea)

I have found that if you get a no insurance ticket in this county, the fine is 500$ or more. If you show that you had proof of insurance at the time, it gets dismissed. (I've seen 3 cases of this in my county)
However in another county down by San Francisco if you get a no insurance ticket. The fine is 500$ or more, but even IF you did not have insurance at the time, as long as you bring proof of insurance, they will drop it. Also in this county they reduce your outrageous fines (mine was from 500 to 200).
I just don't understand why there can't be one presence of guilty and not guilty instead of it varying from county to county, state to state, etc.
I hope our legal system improves but it probably never will.


So much for innocent until proven guilty or being found guilty beyond a reasonable doubt. Who cares if the person is guilty or not, slap him with a ticket so the county can get more money.
Thanks for the input.

The problem does not appear to be the law. It appears to be the people you associate with.

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Quoting Kasey Dudley

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Well I guess that is that then.
My "friend" won't come to court for me. (This was my first idea)

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Was the alcohol in a center console or dash cupholder? Was it within your reach?

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I have found that if you get a no insurance ticket in this county, the fine is 500$ or more. If you show that you had proof of insurance at the time, it gets dismissed. (I've seen 3 cases of this in my county)
However in another county down by San Francisco if you get a no insurance ticket. The fine is 500$ or more, but even IF you did not have insurance at the time, as long as you bring proof of insurance, they will drop it. Also in this county they reduce your outrageous fines (mine was from 500 to 200).

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What does an insurance cite have to do with anything?

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I just don't understand why there can't be one presence of guilty and not guilty instead of it varying from county to county, state to state, etc.

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Guilt can be a subjective thing.

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I hope our legal system improves but it probably never will.

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And how would YOU improve it? (I find that many people complain about the legal system and offer up Utopian suggestions, but suggestions that have little or no appreciable chance of working.)

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So much for innocent until proven guilty or being found guilty beyond a reasonable doubt. Who cares if the person is guilty or not, slap him with a ticket so the county can get more money.

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If the alcohol was within your reach, then it is just as reasonable that you DID know about it. Possession is NOT about ownership or even consumption - it is about constructive possession. If it is reasonable to assume that you knew it was there and you had the ability to exercise dominion and control of it, the elements of the offense have been met. Or, would you argue that the state must prove something more than the law requires?

It was not within my reach, it was in the drivers cup holder in a 1992 Honda Accord.
I would have to literally take off my seat belt to reach for it.

No I wouldn't argue anything since the penal code is clear. I just don't think its fair that for any infraction you get you face these headaches:
You aren't granted the right a trail by a jury trial of your peers
You are granted the right to a trail, but by a judge who is most likely biased. (Of course if the cop is accusing you, you must be guilty right?)
You are not innocent until proven guilty, you are found guilty with a reasonable doubt. (DNA testing, seeing me holding the beer, taking a drink out of it, etc)

Anyways, we could talk about this all day, just like we could with just about any other law and case. I got my answer, thanks for the advice everyone.

You are entitled to a trial. Simply plead not guilty. In fact, if you are under 21, it appears you can do jail time and need a lawyer.

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Quoting Kasey Dudley

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It was not within my reach, it was in the drivers cup holder in a 1992 Honda Accord.

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Most cupholders in cars I have seen are in a center console or pulled from the lower part of the dash. If this was in a cupholder attached to the driver's side door, then you might have a good defense.

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No I wouldn't argue anything since the penal code is clear. I just don't think its fair that for any infraction you get you face these headaches:
You aren't granted the right a trail by a jury trial of your peers
You are granted the right to a trail, but by a judge who is most likely biased. (Of course if the cop is accusing you, you must be guilty right?)
You are not innocent until proven guilty, you are found guilty with a reasonable doubt. (DNA testing, seeing me holding the beer, taking a drink out of it, etc)

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Yes, you are innocent until proven guilty. The weight of the evidence (which includes statements) is for the trier of fact to evaluate. That's the law. And a jury trial for traffic offenses would be horrendously unwieldy and expensive - and would inevitably result in much greater penalties for those who are found guilty in order to pay for the increased costs.

Oh, and a judge or a commissioner can be "biased" against the officers almost as easily as he can be against the defendant. Yes, there is a tendency to discount the statements of driver's (aka Suspects) as their statements are often self-serving and they have a motive to lie or obfuscate the facts whereas the officer does not have any tangible reason to do so. Plus, the driver is less likely paying such close attention to his surroundings whereas the officer tends to be paying closer attention as he is on patrol attempting to sniff out offenders. I have seen many commissioners (often attorneys or retired judges appointed to sit in on traffic matters) rail against police officers. I have seen few judges or commissioners clearly biased against the defendants, and more than a few commissioners vehemently biased against the officers ... but, my anecdotal experience in this area is not proof of any universal truth on the matter.

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Quoting Kasey Dudley

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It was not within my reach, it was in the drivers cup holder in a 1992 Honda Accord.
I would have to literally take off my seat belt to reach for it.

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So this 1992 Honda Accord has a cup holder that pulls out from the bottom of the dash like a tray for 2 cups. You either are the size of a small child or a liar. I suggest you do not use this as a defense either way.