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B&P 25620 Questions (Open Container)

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sc2001

Junior Member
What is the name of your state?I recieved a citation for an Open Container in Public (B&P 25620). I was on foot on a sidewalk near by house when I was confronted by some undercover cops. Sadly this is the 2nd one of these that I have recieved. The first citation ocurred around 8 months ago. Last time, the Traffic Court box was checked on the bottom. However, this time the Criminal Court box was checked. I was wondering why I am being sent to a different court this time. Also, under the specificaions of the ordinance I broke, it states that a violation will result in an infraction. However on my ticket, the misdemeanor (M) is circled, while at the top the non-traffic box is checked, not the misdemeanor box. I am wondering whether or not I am being given a misdemeanor for this action. Last time when I paid the fine, I asked whether or not it would appear on any of my records, and they said it would not. I am curious to know whether or not a 2nd infraction will result in it being shown on my record. Any advice will be greatly appreciated.

Thanks
 


I AM ALWAYS LIABLE

Senior Member
Business & Professions Code 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.
 

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