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.
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.
Re: Is Open Intoxicants a Misdemeanor or Infraction
Quote:
Quoting
flyingron
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.
Re: Is Open Intoxicants a Misdemeanor or Infraction
What code section was on the cite?
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.
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