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  1. #1
    Join Date
    Jun 2018
    Posts
    2

    Exclamation Drinking in Public Charge for Drinking in a Parked Car

    My question involves criminal law for the state of: Downey, California

    So me and a friend of mine(who is 20) were sitting in a parked car in a parking lot and we both had a beer to ourselves. Cops come by and give us tickets for Drinking in Public. 4103 DMC was the code given. My question is whether or not I can go into court earlier and pay off a fine instead of going into court. Because the cop checked misdemeanor on the ticket but I heard it can get processed as an infraction in traffic court? Whats the next step?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Drinking in Public Charge for Drinking in a Parked Car

    If the cop checked misdemeanor, it's a misdemeanor unless the prosecutor decides to reduce to an infraction. Whether he is inclined to do so really is beyond our ability to tell. You may wish to talk to a local lawyer.

  3. #3
    Join Date
    Jun 2018
    Posts
    2

    Default Re: Drinking in Public Charge for Drinking in a Parked Car

    I read some stuff online about cases like this being reduced to an infraction?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Drinking in Public Charge for Drinking in a Parked Car

    The reduction is solely at the prosecutor's discretion. You could try contacting him in advance of your trial, but frankly, your best bet would be a lawyer.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Drinking in Public Charge for Drinking in a Parked Car

    Municipal code violations are commonly reduced to infractions and handled in Traffic Court rather than Criminal Court. But, you may not know until your arraignment.

    Most cities or counties are unwilling to pursue the expense of a criminal jury trial when a court trial can suffice.

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