Got a ticket for drinking in public for no reason

[ardav]

What do you expect here? That someone agree with you? Doesn't seem likely. So what do you expect here?

You have 3 choices. Plead guilty and pay the fine. Plead innocent and defend yourself. Hire an attorney. I'd hire the attorney, or at least get a consult.

I don't care if anyone agrees with me here, actually it is better to hear counterarguments, My main purpose is recording everything I remember when it is time to defend myself or hire an attorney.

I pleading not guilty. I would probably hire an attorney but I need to make a case don't I? I can just have him read this thread to save time. Meanwhile I'd appreciate if you know anyone

 

[ardav]

my final post:

Here is the code in case someone stumbles upon this thread in the future:

http://aod.sdsu.edu/legal_information.htm

56.54 (B) SDMC -
Consumption or possession of an open alcoholic beverage container in public.
Penalty: $150.00 fine.

http://docs.sandiego.gov/municode_supp/761/Ch05Art06Division00.pdf

Unless the City Manager or designee has issued a special event permit, or
unless otherwise permitted by section 56.54, it is unlawful for any person to
consume any
alcoholic beverage
at any time, upon any public property, not
including
public parks
and
beaches
except as specifically listed in Appendix
56.54A, and public rights-of-way, including but not limited to public streets,
parking lots, sidewalks, alleys, plazas, piers, including on or against
seawalls
,
and including all sidewalks along the outer perimeters of such areas.

 

[Just Blue]

I don't care if anyone agrees with me here, actually it is better to hear counterarguments, My main purpose is recording everything I remember when it is time to defend myself or hire an attorney.

I pleading not guilty. I would probably hire an attorney but I need to make a case don't I? I can just have him read this thread to save time. Meanwhile I'd appreciate if you know anyone

It is against the TOS of FreeAdvice to advertise in any way. And it is not the job of the VOLUNTEERS to "build your case" for you.

Seriously...Hire an Attorney.

 

[CdwJava]

Ah, yes ... officer makes contact with large group of people consuming alcohol. He approaches you, he sees you spill liquid onto the ground. The odor of an alcoholic beverage emanates from the ground, from you, and from the empty cup. He now has probable cause to believe you have violated the municipal code and can cite you for it. As such, you are required to identify yourself and even to provide satisfactory ID. Failure to do so can result in a custodial arrest until such time as you are properly identified ... and the officer can search you incident to arrest to find that ID.

So, you are free to go into court and argue that it was soda, tea, or even Calistoga water on the ground. The officer will testify to what he observed and smelled. The court will render a decision.

Oh, yeah, I have experience with this scenario in San Diego County courts ... wanna hear how these tend to turn out?

Good luck.

 

[davew128]

lol!! Sure...Based on your OP you are a poor non english person. Go with that in court.

Given that I regularly workout at the track facility at that university, you are more than likely correct. The biggest ethnic group there would be Asian/Pacific Islander.

 

[davew128]

You are not required to be informed of a crime you are being charged with until arraigned so no big deal here.

If he was being arrested and held in custody he would have to be informed because the bail system is based on the arresting charge as set by each county's commissioner.

 

[davew128]

Oh, yeah, I have experience with this scenario in San Diego County courts ... wanna hear how these tend to turn out?

I'm guessing like most minor cases, the City Attorney declines to file the case, at least thats been my observation lately.

 

[HighwayMan]

If he was being arrested and held in custody he would have to be informed because the bail system is based on the arresting charge as set by each county's commissioner.

Bail doesn't get set at arraignment?

 

[Mt_Vernon]

Bail doesn't get set at arraignment?

Bail and arraignment are two different things. Sometimes, the officers at a jail will have a list of bail amounts for specific crimes. A person can bail himself out of jail and THEN go to an arraignment at a later date. At least, that's what someone on a different message board once told me.

 

[Just Blue]

Bail and arraignment are two different things. Sometimes, the officers at a jail will have a list of bail amounts for specific crimes. A person can bail himself out of jail and THEN go to an arraignment at a later date. At least, that's what someone on a different message board once told me.

What message "board" was that and in what context?

 

[davew128]

Bail doesn't get set at arraignment?

Not in California. Bail is initially set upon custodial arrest based on the charge. Each county has a list which has a fixed bail amount for each specific charge. IF the charge is prosecuted by the city/district attorney, the judge can modify the bail. It's not uncommon for someone to bail out on a an arrest and then never go to court since the prosecutor declines to file the charge.

 

[justalayman]

If he was being arrested and held in custody he would have to be informed because the bail system is based on the arresting charge as set by each county's commissioner.

depending on the system (the one's I am familiar with both work the same way) once arrested, you are held until you are charged and bail set or you are arraigned and bail set. He does not have to be told 1 second prior to that point.


Oh, and they can hold you for awhile (can't remember the specific time) without even charging you.

 

[ardav]

Ah, yes ... officer makes contact with large group of people consuming alcohol.

Nobody is consuming alcohol outside, including me, it is the end of a student dorm party where people are leaving, standing around, and i am sitting down quietly and waiting,

He approaches you, he sees you spill liquid onto the ground. The odor of an alcoholic beverage emanates from the ground, from you, and from the empty cup.

I spill the last half inch of warm flat coke in my cup I was just holding on to cause i couldn't find a trash can, while waiting for the friends to leave. (Cause i realize how it looks at that point, i wanted to throw the cup away)
There is no odor coming from ground or the cup, cause it is not alcoholic beverage and he didn't wanted to smell the cup or the ground , he stands 3-4 feet from me while i am sitting down. I might smell alcohol (cause I drank that night ,NOT in public, but no one made any comments on any smell coming from me or cup or from the ground(!). He said "I have enough experience to believe when you spill something on the ground when you see an RSO officer, it must be alcohol"

He now has probable cause to believe you have violated the municipal code and can cite you for it. As such, you are required to identify yourself and even to provide satisfactory ID. Failure to do so can result in a custodial arrest until such time as you are properly identified ... and the officer can search you incident to arrest to find that ID.

I understand this part. I didn't resist detention or anything like that. I repeteadly asked i was free to go, if not to tell me the crime and/or suspicion. No one said anything solid like "you smell, your cup smells, we saw you drink etc"

So, you are free to go into court and argue that it was soda, tea, or even Calistoga water on the ground. The officer will testify to what he observed and smelled. The court will render a decision.

He observed from 20 feet that i spilled a small amount of liquid from a paper cup on the ground , he didn't smell the cup or the floor, or made any comments on how i smell

Oh, yeah, I have experience with this scenario in San Diego County courts ... wanna hear how these tend to turn out?

I really do.

Good luck.

Thanks

 

[davew128]

depending on the system (the one's I am familiar with both work the same way) once arrested, you are held until you are charged and bail set or you are arraigned and bail set. He does not have to be told 1 second prior to that point.

In California, bail is set upon arrest and booking. Being arrested doesn't mean you will be arraigned. I know of people who were arrested, didn't or couldn't post bail, and were released on their arraignment date because of a decision not to prosecute.

 

[ardav]

Also there is no arrest in this story, it is detention. they just put me in handcuffs while they id'd me, and I am not arguing with that,
the deal is how can a police or RSO can ticket me for "drinking in public" while
a)they don't see me drink
b)they don't smell the spilled drink in soil (!) or the empty cup
c)and I don't show any signs of drunkness

The cop who gave me the ticket came 5-10 mins later than RSO