Minor Infraction Open Container California

I live in california and was given a open container ticket in orange county at the beach. It is non traffic ticket and an infraction open container ticket 25662. I am 17 years old and it states i will going to juvenile court in a couple month.

I did not have any alcohol in my hand when the police came, in fact the police never saw me with any alcohol. He gave me one because the lifeguard had saw and pointed me out. I want to fight this ticket but don't know how to go about doing so? And if it is even worth my time?

but my MAIN CONCERN is will i be in jeopardy of loosing my license?!?

You fight the citation by pleading "not guilty" at the arraignment. The court will then set a court date.

And, yes, if convicted, the court will be mandated to suspend your license for one year. However, you WILL be able to petition the court demonstrating that you have a critical need to drive.

- Carl

ive herd you get a fine of 250 and then have to choice to choose community service of 25 hours or so. Do you know if it is an automatic suspension of you license?

Is it worth trying to fight if the cop never saw me with any form of alcohol? Do i have anything to loose if i try to fight it?

thanks for your response!

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Quoting whattodo.

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ive herd you get a fine of 250 and then have to choice to choose community service of 25 hours or so. Do you know if it is an automatic suspension of you license?

Is it worth trying to fight if the cop never saw me with any form of alcohol? Do i have anything to loose if i try to fight it?

thanks for your response!

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The lifeguard saw you. Chances are the lifeguard will be subpoenaed to court unless the officer saw you in constructive control of the alcohol. This can be established by your proximity to the alcohol and either your admission to drinking or the presence of alcohol emanating from your person.

No, you shoul dnot have anything to lsoe by trying to fight it. You might get lucky and the officer might not show up ... or, the officer will admit to not having enough to put you in possession and without the lifeguard the court might not find you guilty. You just might prevail.

A first offense for B&P 25662 is punished "by a fine of two hundred fifty dollars ($250) or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school."

And CVC 13202.5 mandates that "the court shall suspend the person's driving privilege for one year."

- Carl

Thank you.

What reasons could the court accept to let me keep a license under restriction?

If i try and fight the ticket and loose will i then get a harder punishment?

When i go to court to fight it and the next court date is after i turn 18 will it then be bought up into the normal court instead of juvienile?

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Quoting whattodo.

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Thank you.

What reasons could the court accept to let me keep a license under restriction?

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That's subjective and for the court to decide. the standard is written as a "critical need to drive". Some courts might view a need to get to school as critical, others might just shrug it off and tell the applicant to take the bus. There's no single, sure answer. You will just have to articulate your circumstances and hope for the best. But, very often, the application will not even be considered until after one or more months of a suspension. And since you are under 18 the chances are the court will NOT consider your request as critical. The court might be merciful, but there is no way to know.

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If i try and fight the ticket and loose will i then get a harder punishment?

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You shouldn't, no. However, the prosecutor might cut you a break if you plead guilty ahead of time ... but, you or your attorney will have to find that out.

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When i go to court to fight it and the next court date is after i turn 18 will it then be bought up into the normal court instead of juvienile?

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If it begins in juvenile court, it will remain there.

Is it likely for the lifeguard will be subpoenaed to court and actually show up and or if the police officer shows up in court as well?

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Quoting whattodo.

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Is it likely for the lifeguard will be subpoenaed to court and actually show up and or if the police officer shows up in court as well?

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If there is no need for the lifeguard to show, then they won't call him.

I cannot predict odds for officers showing up at court. Some counties are better than others. When i was in San Diego County, the officers showed some 90% of the time because the courts took a dim view of officers failing to comply with their subpoenas. Your county might be different. Some might have as low as a 65% show-up rate. Some people contend that some counties are as low as 50% ... this has not been my impression anywhere, but anything is possible.

- Carl