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  1. #1
    Join Date
    Oct 2016
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    Default Re: Drinking in Public in the City of Downey Dmc 4103

    Quote Quoting cdwjava
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    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...

  2. #2
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    Default Re: Drinking in Public in the City of Downey Dmc 4103

    Quote Quoting Highwayman
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    Carl, I think you meant to say "misdemeanor" here...
    Yep! Oops! That's the misdemeanor penalty in Downey.

  3. #3
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    Default 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.

  4. #4
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    Default 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).

  5. #5
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    Default Re: Drinking in Public in the City of Downey Dmc 4103

    The infraction/misdemeanor distinction is over in section 1200 of the code. It's at the discretion of the prosecutor.

  6. #6
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    Default Re: Drinking in Public in the City of Downey Dmc 4103

    Quote Quoting flyingron
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    The infraction/misdemeanor distinction is over in section 1200 of the code. It's at the discretion of the prosecutor.
    So I saw (and mentioned). But, since it has not yet been filed, and the officer issued it as a misdemeanor, it could go either way. While typically filed as infractions (since they are cheaper for the state and generally guarantee the payment of a fine with little cost), it can still be filed as a misdemeanor. The OP may not know until arraignment.

  7. #7

    Default Re: Drinking in Public in the City of Downey Dmc 4103

    It believe it is an misdemeanor

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