Open Container Question

[jaylkelley]

A "25620(A)B+P" citation was given to me on July 4th, on the beach in San Diego, CA at 11:55am by the SDPD. This citation is for "Open Container of Alcohol in a Prohibited Area" but actually the local law states that beer is allowed on the beach, but between noon and 8pm only (cans only!). Thus the problem was really the time of day, not the 'Area'. In fact, when the officer approached my group of friends, I thought he was checking our IDs for Minor in Possession, as almost everyone around us was drinking as well - most of whom looked younger than us 30-somethings. I had not heard of the 'noon to 8pm' rule before that moment.

My mobile phone synchronizes daily to the US Atomic Clock in CO, and is therefore quite accurate. It may seem that I am some kind of techno-geek, but actually most mobiles phones do this nowadays. When the officer cited me - he wrote down 11:45am on the citation - a full 10 minutes behind the actual time. Obviously he was not interested in debating that time difference when I rose the issue. Moreover, he cited only me and not any of the other groups drinking nearby (and I mean ~5 feet away = nearby).

My frustration here is really a 'letter of the law' vs 'spirit of the law' issue. I suppose that I am technically guilty of violating that law by a few minutes, but it seems so rediculous to me to have that enforced. As soon as the officer walked away, all of the groups around me raised a beer to their lips. An ideaolgical equivalent, in my assessment, would be to enforce the 65mph speed limit within 2 or 3mph. I am proud of not even having a traffic citation in my past and this incident has really deflated my confidience in law enforcement. Do I have any chance of fighting this and 'getting off'? I;d like to maintain a clean record - for the principle of the matter. Thanks in advance for your assistance.

 

[You Are Guilty]

Do I have any chance of fighting this and 'getting off'?

Here in NY, for example, there is a 5-minute grace period for time-related offenses (to account for differences in people's watches), but it is strictly unofficial and there's no guarantee you can take advantage of it on any one occassion. I suspect most jurisdictions share something similar, if for nothing else but practicality.

That being said, had your summons been written up at the "correct" time, you might have had a shot. With a 15-minute difference, you can still make the same plea, but your chances are much lower.



PS: I have no opinion on your chances of "getting off"; I do suggest you look into Viagra or Cialis if it's been a problem for you.

 

[CdwJava]

Your only option would be to argue the time ... but, I doubt that will fly. I used to work in the county you mention, and similar time statute's were usually resolved in the officer's favor. If you had just cracked the top of the can when the officer walked up, and you KNEW of the 12:00 noon rule, you might stand a chance - especially if you showed him your watch or timepiece.

Arguing that only YOU were cited is also a non-starter. We do not have to cite everyone who violates the law. The key is did YOU violate the law. Its like arguing the "flow of traffic" as an excuse for speeding - it won't generally fly.

You might just as well pay the fine and have done with the whole thing.

Carl