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  1. #1
    Join Date
    Jan 2013
    Posts
    2

    Default Can You Avoid Going to Court for an Open Intox Charge

    My question involves criminal law for the state of: California (San Diego County)

    I was recently cited for an infraction (BP25620 Open Container) in San Diego, CA. Is it possible to contest this via Trial by Written Declaration even though it is a nontraffic infraction? I'd rather not have to spend time waiting in line at court.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Trial by Written Declaration for a Nonvehicle Open Container Infraction

    You will want to try to fight it. I know in Michigan, despite a Pre-trial Diversion program, it was on my driving record for 2-3 years, and my insurance rates went up.

  3. #3
    Join Date
    Jan 2013
    Posts
    2

    Default Re: Trial by Written Declaration for a Nonvehicle Open Container Infraction

    Oh I'm definitely fighting it. My question is if I can have a trial by written declaration (mail) instead of having to attend the trial in person.

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

    Default Re: Trial by Written Declaration for a Nonvehicle Open Container Infraction

    A TBD is provided for in the Vehicle Code, this is not part of that code. VC 40902 allows for TBD for vehicle infractions and some local ordinances - B&P 25620 is another code entirely. And, while it is most often heard in traffic court, it is not subject to a TBD. Check the court's website or give them a call or stop by to find out your options.

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