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Is Drinking in Public a Misdemeanor or an Infraction

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  • 03-24-2018, 02:37 PM
    Lramirez909
    Is Drinking in Public a Misdemeanor or an Infraction
    I got a ticket for drinking in public in the city of Downey California . Downey muncipal code 4103..... I’m wondering is this considered a infraction or misdemeanor? And how much would the ticket be? Also will it go to my permanent record. Do I have to go to court and talk to a judge or can I just go and pay the fine and that’s it! The police
    That issued me the ticket
    Said it wouldn’t go towards my record
    As long as I pay it
  • 03-24-2018, 03:09 PM
    flyingron
    Re: Drinking in Public in the City of Downey Dmc 4103
    Neither, it's a "violation" of the municipal ordinance. It will not result in a criminal record, if that is what you are asking. They will keep track of it in the city because subsequent violations have higher fines.
  • 03-24-2018, 04:22 PM
    cdwjava
    Re: Drinking in Public in the City of Downey Dmc 4103
    Quote:

    Quoting Lramirez909
    View Post
    I got a ticket for drinking in public in the city of Downey California . Downey muncipal code 4103..... I’m wondering is this considered a infraction or misdemeanor? And how much would the ticket be? Also will it go to my permanent record. Do I have to go to court and talk to a judge or can I just go and pay the fine and that’s it! The police
    That issued me the ticket
    Said it wouldn’t go towards my record
    As long as I pay it

    If prosecuted as a misdemeanor, it can result in a criminal offender record. However, most municipal code violations are handled in traffic court and filed as infractions.

    You will have to read the back of the citation to find out the information on how to handle the citation. It should be handled on or before the court date indicated on the citation you received. Do not miss the court date!

    If filed as an infraction, the base penalty should be no more than $100. However, additional fees and assessments may be added by the courts such that the offense may be in the ballpark of $300 all told. If filed as an infraction, you could face fines of up to $1,000 and 6 months in jail, but you'd also be eligible for court appointed legal counsel. However, as I mentioned, most such offenses are filed as infractions.
  • 03-24-2018, 05:14 PM
    Lramirez909
    Re: Drinking in Public in the City of Downey Dmc 4103
    So pretty much I’ll just pay the fine and I’ll be good? And is getting an infraction better than getting a misdemeanor

    So I’ll probably just end up paying and that’s it because it’s pro gonna be a infraction?
  • 03-24-2018, 05:24 PM
    cdwjava
    Re: Drinking in Public in the City of Downey Dmc 4103
    An infraction is a criminal offense punishable by a fine only and does not generate a state criminal offender record. A misdemeanor is a criminal offense that can result in fines and/or jail time of up to one year. So, yeah, an infraction is better.
  • 03-24-2018, 05:33 PM
    Lramirez909
    Re: Drinking in Public in the City of Downey Dmc 4103
    The police officer said it won’t go on my record as long as I pay it before the due date! Which is may and I got the ticket in February! ...It’s labeled as a misdemeanor but do you think it’s a low level misdemeanor that I’ll jus end up paying the fine that’s it

    The police officer said it won’t go on my record as long as I pay it before the due date! Which is may and I got the ticket in February! ...It’s labeled as a misdemeanor but do you think it’s a low level misdemeanor that I’ll jus end up paying the fine that’s it
  • 03-24-2018, 06:27 PM
    Highwayman
    Re: Drinking in Public in the City of Downey Dmc 4103
    Quote:

    Quoting cdwjava
    View Post
    If filed as an infraction, you could face fines of up to $1,000 and 6 months in jail...


    Carl, I think you meant to say "misdemeanor" here... :friendly_wink:
  • 03-24-2018, 08:24 PM
    cdwjava
    Re: Drinking in Public in the City of Downey Dmc 4103
    Quote:

    Quoting Highwayman
    View Post
    Carl, I think you meant to say "misdemeanor" here... :friendly_wink:

    Yep! Oops! That's the misdemeanor penalty in Downey. :eek:
  • 03-25-2018, 06:04 AM
    flyingron
    Re: Drinking in Public in the City of Downey Dmc 4103
    The Downey ordinance he was cited for is punishable by fine only. The fine goes up with repeat violations, but it never is subject to jail time.
  • 03-25-2018, 06:17 AM
    cdwjava
    Re: Drinking in Public in the City of Downey Dmc 4103
    The section makes no indication of this as an infraction only offense ...

    SECTION 4103. CONSUMING ALCOHOLIC BEVERAGES: PUBLIC PLACES.
    For the purposes of this chapter “alcoholic beverages” shall mean and include alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent (1%) or more of alcohol by volume, and which is fit for beverage purposes, either alone or when diluted, mixed, or combined with other substances.

    No person while in or on any public school ground, public school building, public building, or grounds belonging to the State, County, or other governmental entity or agency, shall have in his or her possession or consume any alcoholic beverage.

    No person while in or on any unenclosed area designed or used, or intended to be used, for the parking of motor vehicles and which parking area is used in conjunction with or as any adjunct to any business, trade, or occupation for which a business license has been issued or is required to be issued pursuant to the provisions of Chapter 2 of Article VI of this Code, shall consume any alcoholic beverage nor have upon his or her person, nor in his or her personal possession, any container containing an alcoholic beverage, which container has been opened. (Amended by Ord. 211, adopted 11-13-62)


    Additionally, the OP states that the cite was checked as a misdemeanor (which is standard practice for muni codes) even though they are most often filed as in fractions. It is the infraction that has the progressive penalties pursuant to section 1200 (which also spells out the penalties for misdemeanors).
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