Possesion of Alcohol on the Beach

[arty22]

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

Im 20 years old and went to the beach with my friends who were carrying a cooler full of beers (dumbest thing you can do, I even told them Im not carrying it lol)

Anyway, we met up with some friends who were 21 and wanted to drink, so they helped themselves to some beer which they put in a cup. Eventually two cops came by and saw the cup, checked it and smelled the beer. The officer approached me, since I was by the cooler and my two "friend" ditched me. She asked me to open the cooler repeatedly and I ketp telling her it wasnt mine. SHe opened it, saw the beer and gave me a ticket and no one else. The other officer even told me to sit there and take one for the team, meaning she could give everyone a ticket but just given to me.

She asks me if im drunk and I say no, and even dare her to test me. In the end, she tells me shes gonna put me down for an infraction, as if I was 21. Unfortunately I didnt pay attention to what she wrote on the ticket because she put down I admitted to drinking.

My questions are:

1) Can they see that im not 21 and change it to a misdemeanor?
2) If it stays as an infraction, how will it affect my insurance and record?

Thanks.

 

[CdwJava]

What section were you cited for?

And, in case it was for a local ordinance, what city or county was this in?

- Carl

 

[arty22]

Section 17.12.320

LA County Sheriff
Malibu Court House

 

[CdwJava]

Here is the section:

• 17.12.320 Alcoholic beverages restricted.
  
• A person shall not enter, be or remain on any beach while in possession of any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, or while consuming any alcoholic beverages except at a concession facility duly authorized by the board of supervisors or in connection with a special event duly authorized by the director of the department of beaches and harbors for which the sponsoring organization is properly licensed by the State Department of Alcoholic Beverage Control. The authority granted to the director under this section is personal and nondelegable. (Ord. 95-0036 § 4, 1995: Ord. 84-0153 § 3, 1984: Ord. 9767 Art. 3 § 48, 1969.)

They can only change it prior to trial, and you would have to be provided notice ... assuming they have your current address, then you should receive such a modification.

Otherwise, expect this to be a fine only violation.

- Carl