Business & Professions Code 25620

[lagkango]

What is the name of your state (only U.S. law)? California, Los Angeles.

Hello everyone, this is my first time posting on this forum. Now, the other night I received a notice to appear in court in violation of Business and Professions code 25620. Possession of an open container of alcohol, more specifically a beer in the back seat of a car with me and 2 other friends at a park. Stupid, I know, but I'm still young, if you consider 22 young, and haven't been cited for any prior offenses in my life. Now, checking the Bail Schedule for Infractions and Misdemeanors for 2009, it shows B&P 25620 as an infraction, yet on my notice to appear form it is listed as a misdemeanor. Which one is it? And also, what would be the most prudent course of action I should take? Guilty or nolo contendere? As I have never had any run in with the law whatsoever, and practically chewing my nails to the stubs concerning this offense, I do not know what to expect when I go to court. Any input is much appreciated. Thank you all.

 

[lagkango]

Please guys, any advice or help understanding this would be greatly appreciated. I'm desperate for help.

 

[CdwJava]

Hello everyone, this is my first time posting on this forum. Now, the other night I received a notice to appear in court in violation of Business and Professions code 25620. Possession of an open container of alcohol, more specifically a beer in the back seat of a car with me and 2 other friends at a park. Stupid, I know, but I'm still young, if you consider 22 young, and haven't been cited for any prior offenses in my life. Now, checking the Bail Schedule for Infractions and Misdemeanors for 2009, it shows B&P 25620 as an infraction, yet on my notice to appear form it is listed as a misdemeanor. Which one is it? And also, what would be the most prudent course of action I should take? Guilty or nolo contendere? As I have never had any run in with the law whatsoever, and practically chewing my nails to the stubs concerning this offense, I do not know what to expect when I go to court. Any input is much appreciated. Thank you all.

It is an infraction. Depending on your jurisdiction, you may be able to handle this at traffic court.

Here is the offense:

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.

What action you should take is up to you. If you feel you have a chance of prevailing at trial, go ahead. If not, then pleading no contest or such may be prudent and time saving. But, if you go to court you might get lucky and the officer might not show up,. In short, what you do is up to you, no one here can really advise you of how to proceed. But, if you are that worried, perhaps you should seek a consultation with an attorney so you can find out what the long term ramifications of a conviction might be ... if any.

- Carl

 

[lagkango]

Thanks CdwJava for your response. From what I've read, I believe an infraction does not appear on one's records. I do not believe I can take care of it at traffic court, as the ticket on the upper right clearly states "Nontraffic". So would the infraction just entail a fine? I know the officer who cited me let me off easy, as I am sure a Los Angeles Municipal Code violation would have been a misdemeanor. If I plead guilty or no contest, I would be satisfied with paying the fine and being on my way. I really don't think I can fight this in trial. Thanks again.

 

[CdwJava]

Thanks CdwJava for your response. From what I've read, I believe an infraction does not appear on one's records.

Not on a state criminal offender record (CORI), no. It will remain on court and local law enforcement systems, though.

I do not believe I can take care of it at traffic court, as the ticket on the upper right clearly states "Nontraffic".

That is more for a filing convention. A lot depends on the date, time, and location you have to appear. In many counties it will be the same as traffic court.

So would the infraction just entail a fine? I know the officer who cited me let me off easy, as I am sure a Los Angeles Municipal Code violation would have been a misdemeanor.

It should be just a fine. I do not think they can require alcohol counseling or any such thing for an infraction, but I am not 100% positive about that.


- Carl

 

[lagkango]

Thanks again for your response, CdwJava. You've alleviated some of my concerns, and I plan on conversing with an attorney concerning all of this, as you suggested. I hope my plight can hopefully assist others facing a similar situation: confusion over it being a misdemeanor or infraction.

 

[lagkango]

But, if you go to court you might get lucky and the officer might not show up,.

If the officer does indeed not show up, what would I have to do then? Will the judge automatically dismiss the case or will have still have to enter a plea?

 

[CdwJava]

If the officer does indeed not show up, what would I have to do then? Will the judge automatically dismiss the case or will have still have to enter a plea?

The first hearing is the arraignment, the officer will NOT show up. That would be where you plead "not guilty" if you want to fight the citation. A court date would then be ste for trial.

At the trial, if the citing officer does not show, the judge might dismiss. If the judge does not, you can ask to make a motion to dismiss the charges for lack of prosecution. I would recommend you at least consult an attorney before court to fin out the best way to proceed.

- Carl

 

[lagkango]

Again, CdwJava, your input is greatly appreciated. Out of curiosity, is it unusual for the officer to mislabel the notice to appear? As you stated before, B&P 25620 is considered an infraction, and that is the code violation that was written on the said notice, yet the officer wrote misdemeanor. How will this be interpreted in court? Will the judicial officer, judge, or clerk correct the violation for what it truly is? This is what is worrying me.

 

[lagkango]

Bump, for worry and CdwJava!

 

[CdwJava]

Again, CdwJava, your input is greatly appreciated. Out of curiosity, is it unusual for the officer to mislabel the notice to appear?

It is a common misperception that is offense is a misdemeanor. Most muni codes for the same thing ARE misdemeanors, to sometimes they get confused.

As you stated before, B&P 25620 is considered an infraction, and that is the code violation that was written on the said notice, yet the officer wrote misdemeanor. How will this be interpreted in court? Will the judicial officer, judge, or clerk correct the violation for what it truly is? This is what is worrying me.

The court will generally look at the violation and file it as appropriate. If you have a question as to when and where to appear (as misdemeanor appearances in your county may be different from infraction appearances) you might call the court two to three weeks after the ticket was issued just to find out where you need to go. While you MAY get a "courtesy notice" in the mail, it is not a guarantee.

- Carl

 

[lagkango]

The court will generally look at the violation and file it as appropriate. If you have a question as to when and where to appear (as misdemeanor appearances in your county may be different from infraction appearances) you might call the court two to three weeks after the ticket was issued just to find out where you need to go. While you MAY get a "courtesy notice" in the mail, it is not a guarantee.

Well, while the notice to appear that the officer gave me already states the time and date to arrive in court, I can see the need to call to locate accurately the room I would have to present myself in, since there was a snafu of being charged with misdemeanor when it's actually an infraction. So the court will look at the code violation and file it as appropriate? That's good. If it is accurately filed as infraction, as it should be, I don't plan on fighting it. Thank you with all your help in this, CdwJava.