Passenger Charged With Open Intoxicants in a Vehicle Due to Driver's Consumption

My question involves criminal law for the state of: California

Hello,

I received a ticket for an open container 23223(a)cvc a few months ago.
I was cited in Universal City Walk's parking lot.
I was in a vehicle with 4 other guys when the driver decided to chug his beer so we can go in but unfortunately he was spotted chugging by a patrolling officer.

We all saw the cop and I got out of the vehicle.
The cop went around to pull up behind us and I was told to get inside the vehicle by the officer.
We all got cited for the same charge.

Am I still guilty? I was never breathalyzed, never seen with any container... few of my buddies already pleaded guilty too.

I'm trying to fight the case either way. That's not something I want on my record and at the end of the day, I did not drink a drop of alcohol in the car.


Please advise. I have an arraignment on the 25th of Aug. Never fought any case.

Thank you,
Erik

If you were the driver, and the open container was IN your vehicle, then you are arguably guilty of the offense:

23223. (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.

If you were NOT the driver, you should have been cited for VC 23223(b):

(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.

If cited for the wrong subsection, you should have no problem beating the offense ... unless the officer amends it prior to court.

Unless you are UNDER 21, this is punishable only by a fine.

Further, the Universal City Walk parking lot is not a "highway" nor is it likely to be lands defined in 23220(b) (which in turn references 38001).

I'm guessing the cop messed up.

Originally I was cited 23222 (b)

I got two letters that the officer wanted to ammend.
It said violation section/s should be changed from: 23222 (a) to 23223 (a), on both letters.

I have an arraignment on the 25th, going to plead not guilty.

What's the process in fighting a ticket? I've never been past an officer not showing up. How would I state myself? I'm familiar with briefs if that's necessary.

I appreciate the prompt responses.

I'm familiar with boxers.

You got to the arraignment and plead not guilty.

If the officer testifies he only saw you in the parking lot, when he is finished I would point out to the judge that the statute only covers highways and certain ATV-off road recreational areas. A parking lot, even one open to the public, does not meet the letter of the statute which says "highway" (which has to be a publicly maintained).

Quote:

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Quoting erikls2

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What's the process in fighting a ticket? I've never been past an officer not showing up. How would I state myself?

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You've been given good advice in this thread but the judge and the cop both know how to handle themselves in court and you don't.