25620 B&P Open Container

[churchgc]

California

I got an open container ticket when i stupidly walked out of a bar w/ a clear plastic cup containing jack daniels. My fine is $142 (don't have to go to court if i pay it), which sucks. But i'm guilty and i'll pay it. However, my question, which i can't seem to find an answer to, is: by paying the fine (and thus admitting guilt) will this go on my record?

Interestingly, the officer checked the "traffic" box on the citation (the other choices were "non-traffic" and "misdemeanor"). My car was a few blocks away in my garage so i was clearly on foot. So this is a little confusing.

Further, after the officer took my cup he told me i was "under arrest until the citation was issued". He then asked me what was in the cup and i said, "jack and water." Did i incriminate myself? and was he supposed to read me my rights having told me i was "under arrest"?

Anyway, any advice or answers would be very helpful, thanks!!

 

[ShuflY]

Ooops, did not see your new thread... I responded in my thread, and seeing as we got the same exact citation (other than your officer checked "traffic" which is bizarre) it should all be relevant.

BTW, where were you cited, if you don't mind? I got mine at the corner of 18th and Mission in San Francisco. The officer said they were beefing up that area due to homeless people being drunk, and I would believe it. Last friday I saw a squad car roll down Mission every 2 minutes or so, it was insane.

 

[churchgc]

hermosa pier in hermosa beach (Los Angeles).

 

[snostar]

He then asked me what was in the cup and i said, "jack and water." Did i incriminate myself? and was he supposed to read me my rights having told me i was "under arrest"?

1st ? -Yes
2nd ? -No

 

[CdwJava]

California

However, my question, which i can't seem to find an answer to, is: by paying the fine (and thus admitting guilt) will this go on my record?

It depends on what record you are talking about. It will certainly go on a local law enforcement record in the city and/or county of jurisdiction. Chances are it will not go on your CORI (Criminal Offender Record) file at the CA DOJ or the FBI databases unless you were also fingerprinted (i.e. booked).

Interestingly, the officer checked the "traffic" box on the citation (the other choices were "non-traffic" and "misdemeanor"). My car was a few blocks away in my garage so i was clearly on foot. So this is a little confusing.

This is simply a way to tell the court where the case is going. This case is going to traffic court. If the officer had checked the "Misdemeanor" box, you would be going to superior court ... and then you would probably have to be "booked" on arraignment. These boxes are more for clerical reasons than anything else. And the forms are mandated by the Judicial Council in CA so much of the information will be standard throughout the state.

Further, after the officer took my cup he told me i was "under arrest until the citation was issued". He then asked me what was in the cup and i said, "jack and water." Did i incriminate myself? and was he supposed to read me my rights having told me i was "under arrest"?

Well, the circumstances indicate you were detained under the law, not arrested. And if he did tell you that you were "under arrest", then one might be able to argue a Miranda violation ... maybe. But, it doesn't take a rocket scientist to smell the JD so chances are it would not change anything in the matter.

Carl