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  1. #1
    Join Date
    Nov 2012
    Posts
    3

    Default Open Alcohol Container in Santa Barbara

    My question involves criminal law for the state of: California.

    I come from Europe, I arrived two months ago to study in San Diego during a year.
    I was on Halloween on Isla Vista (Santa Barbara). I was walking from a houseparty to another one when police stop me because i had a closed wiskhey/cola mix plastic bottle in my hand. They told me that was an open container (I didnt know what was it and I didnt know i cannot have that in my hand if i am not drinking).

    I have a ticket, they marked as "nontrafic" and not as "misdemeanor", on "lessee" they wrote my university ID number (why???), on driven license they wrote "none" (i have it but im waiting dmv send the card), and there are not any ID number from my passport anywhere.

    They told me if I do not pay the ticket they will kick me off from the university.

    I have to be in court on or before december, but i understood something like if i pay the ticket i dont have to go there. Is it true?
    Since I am living in San Diego and i have no car it is very annoying to be there in december.

    What can I do?

    I still dont know how much is the ticket because I tryed to call two times and was out of their hours. Is it possible to do volunteer work (in san diego) and do not pay the ticket?

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Open Alcohol Container in Santa Barbara

    What code section is written on the citation?

    And, yes, it is possible to pay the fine and be done with it if the court permits it and if the matter is an infraction (which, if cited for B&P 25620 it would be).

  3. #3
    Join Date
    Nov 2012
    Posts
    3

    Default Re: Open Alcohol Container in Santa Barbara

    Thank you for replying.

    Section is:

    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.

    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.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Open Alcohol Container in Santa Barbara

    You can probably plead guilty and pay it off. You may want to contact the court and ask them. You may receive a courtesy notice that will tell you how to take care of it, but these notices are not mandatory and not always sent out.

    Do NOT miss the court date if you cannot settle this beforehand.

  5. #5
    Join Date
    Nov 2012
    Posts
    3

    Default Re: Open Alcohol Container in Santa Barbara

    Ok, i already call them, ticket is $259 and if I pay it i do not need to go there.

    How are the chances to dont pay if I appear on court? I dont know how court works here and for what is it.

    Thank you very much

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