QUESTION
What is the fee for an open container in public?
Asked on Jan 12th, 2012 on Criminal Law - California
More details to this question:
I got an open container in public ticket in Pasadena. I was in my car parked in my girlfriend's parking spot in an alley next to her house. The officer said the ticket was for having an open container in public not driving. What is the fine for this? And will it be on my record if I go to apply for jobs?
4 ANSWERS
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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What you describe is a violation of the CA Vehicle Code 23222. A conviction for such an offense is considered an infraction and carries a maximum penalty of $100. As an infraction you should not have to disclose on an application for employment.
Answered on Jan 26th, 2012 at 6:51 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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It will probably be an infraction if it is filed at all. Man, that is low. Officer was probably looking for something else; figured he had to give some kind of citation. I'd bet dollars to donuts that he searched (or wanted to) your vehicle. Hard to say about the fine. The fine itself may be zero for this - maybe some community service. But there are numerous mandatory "assessments" and court costs that must be ordered by the judge for all offenses, and it could be several hundred dollars! The legislature's efforts to balance their budget without raising "taxes." You may want to fight this one to avoid paying all of these "assessments." At least put the government to the task for your money - it is your right! You should try to work a deal so that there is no conviction so that the only record is of a citation. Then you never have to worry about answering yes to any question about having been convicted of a crime. Situations like this really make me wonder where we have come as a society, on many levels. Anyway, it might be worth your while to consult with a criminal defense attorney in your area. He/she can help suggest how you can do this. Most criminal lawyers offer free initial consultations. Good luck!
Answered on Jan 26th, 2012 at 11:56 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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What statute are they citing on the ticket. Also, are you under 21 years old? If so, a conviction may lead to a 1 year drivers license suspension (even though you were not driving at the time of the incident). I would need more factors, but it may be possible to get the charges dismissed, and I have successfully done so. Contact me through 1duilawyer.com if you would like to discuss your case in more detail. As far as jobs are concerned, if there is a misdemeanor or felony conviction, employers may ask about it. If you are being charged with an infraction, it may not be an issue with a lot most employers. You should contact an attorney to discuss the case and specifics about it (and potential consequences) in more detail.
Answered on Jan 26th, 2012 at 11:07 AM
An open-container charge can be a misdemeanor that appears on your criminal record. You should hire an attorney, who can probably get the charge reduced or dismissed, since it is a relatively minor offense.
Answered on Jan 26th, 2012 at 11:05 AM