Location of citation: San Diego (Mission Beach), California
I was recently cited for violating BP 25620 which is defined as:
25620. (a) Any person possessing any can, bottle, or other
receptacle containing any alcoholic beverage that has been opened, or
a seal broken, or the contents of which have been partially removed,
in any city, county, or city and county owned park or other city,
county, or city and county owned public place, or any recreation and
park district, or any regional park or open-space district shall be
guilty of an infraction if the city, county, or city and county has
enacted an ordinance that prohibits the possession of those
containers in those areas or the consumption of alcoholic beverages
in those areas.
(b) This section does not apply where the possession is within
premises located in a park or other public place for which a license
has been issued pursuant to this division.
(c) This section does not apply when an individual is in
possession of an alcoholic beverage container for the purpose of
recycling or other related activity.
To summarize the situation, I was in a grassy area of the beach where the actual beach front was to my west and sand volleyball courts were to my east. This is important to mention because I then found out after this incident that you're only allowed to drink where there is sand. To continue... I was BBQ-ing right beside a table, where a beer can was left on the far side (not mine). A officer came by and questioned me who's beer it was. I was the closest in proximity in comparison to the others in the group, and that's why I think the officer singled me out, though i was still about 5 feet away (length of a picnic table). I explained that it wasn't mine, and i complied with the request to see ID (cause i thought she was checking to see if I was underage, i'm not.) and she then looked at my ID and started writing me up. I kept telling her that it was not my beer (I was clearly not in possession) and she didn't even try to inquire with the others around me to see if I was telling the truth.
1. Does the officer need to prove that, assuming I was in possession, I did not fall under the exceptions, BP 25620 (B) and (C)??
2. The only sign I saw that was posted in the area was clearly out of my view (the path i took to the grassy area had no signs). Would pictures of the area help prove my point?
3. Do these steps seem sufficient to prove my reasonable innocence?
1. Show that I did not know of the law (due to lack of signs)
2. Since i didn't know of the law, thinking it was okay, being in the area of the open container, but not possessing it.
3. The officers reluctance in pursing truth with the other bystanders and/or to see if I fall under the 2 exceptions.What is the name of your state?