ExpertLaw.com Forums

Is Open Intoxicants a Misdemeanor or Infraction

Printable View

  • 06-28-2014, 05:07 PM
    justaskingyou
    Is Open Intoxicants a Misdemeanor or Infraction
    My question involves criminal law for the state of: California

    I got a ticket for open container. The officer accidentally circled both misdemeanor and infraction. Does that make the ticket invalid? The circle is so vague I literally cannot tell if I was charged for misdemeanor or infraction.
  • 06-29-2014, 06:32 AM
    flyingron
    Re: Is Open Intoxicants a Misdemeanor or Infraction
    It doesn't make the ticket invalid. What code were you cited of violating? Are we talking VC 23223? It can be charged either way, you'll find out at arraignment.
  • 06-29-2014, 10:46 AM
    justaskingyou
    Re: Is Open Intoxicants a Misdemeanor or Infraction
    Quote:

    Quoting flyingron
    View Post
    It doesn't make the ticket invalid. What code were you cited of violating? Are we talking VC 23223? It can be charged either way, you'll find out at arraignment.

    No I was caught having an opened alcohol on public property. It was a very grey area situation; I was at a front yard party and i was at the corner of the lawn looking in to get a better view to see where my friends were and I got pulled by the police in the arm to the curb. They told me to sit down and asked me for my licence, asked for my age (I'm 21), and started to write my ticket. Bear in mind I never intended to walk out onto the street, and it was obvious that I wasn't going to. I know they are probably going to try to make up stories where I was drinking on the pavement, but I do have a witness to say that I was pulled onto the curb by the police.

    I live in an area where parties are crazy during the normal semesters, so the police tend to patrol around the area and normally just wait outside the party to pick people off. But It is summer now so it is pretty quiet right now.
  • 06-29-2014, 02:35 PM
    cdwjava
    Re: Is Open Intoxicants a Misdemeanor or Infraction
    What code section was on the cite?
  • 06-29-2014, 03:30 PM
    justaskingyou
    Re: Is Open Intoxicants a Misdemeanor or Infraction
    The code section is 36-3 Co.

    36-2 Co. Ord. - PUBLIC CONSUMPTION OF ALCOHOL

    DEFINITION:
    It is unlawful for any person to drink or consume any intoxicating liquor in the unincorporated areas of the county upon any public street, public sidewalk, public highway, public parking lot or public alley.

    36-3 Co. Ord. - DISPLAY OF OPEN CONTAINER

    DEFINITION:
    No person shall have in his or her possession on any public street or other area described in section 36-2 any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.
  • 06-29-2014, 05:56 PM
    cdwjava
    Re: Is Open Intoxicants a Misdemeanor or Infraction
    Assuming this is Santa Barbara County, the penalties are ...

    PENALTIES:
    Any violation of either 36-2 or 36-3 Co Ord is an infraction punishable by a fine of $108 with an additional fine of $125 to the VRF (Victims Relief Fund) for the first conviction
All times are GMT -7. The time now is 06:38 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved