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  1. #1

    Default California Possession of Open Container

    My question involves criminal law for the state of: California

    My friend and I got citations last night in Chino for having an open container in our posession. The citation is marked as a misdemeanor and not as an infraction. We are both underage, 20, but that was not written as part of our cite so I don't know if they plan on charging us with that too. Although since we are obviously underage and can't deny it I don't know if the fact that they didn't write it even matters. Some of the research I have been doing has suggested that we may lose our licenses as well as paying the fine. Is there any way around this? Does anyone know what normal procedure is for something like this?

    Also, we weren't driving or near a vehicle. We were just outside with an open bottle.

  2. #2
    Join Date
    Sep 2005
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    Default Re: California Possession of Open Container

    What statute (or ordinance) are you charged with violating? VC Sec. 23222? 23223?

  3. #3

    Default Re: California Possession of Open Container

    The sections marked are 25620 BP-I A and 853.7 PC-M A

  4. #4
    Join Date
    Feb 2010
    Posts
    233

    Default Re: California Possession of Open Container

    I think most stats have "open container laws" someone told me one time, that even if your stopped and a cop finds an old empty beer can under your seat, you can still be charged, is that valid? if it is, what about someone who goes around and picks up cans for the Al?

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