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Drinking in public - California

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Eddo36

Junior Member
Well drinking in public is a misdemeanor in California. Think it's a bs law, how much is it enforced? Are cops likely to charge you with a full misdemeanor for having a beer in your car in some parking lot before watching a movie? Since you didn't want to drink that one can of beer before you drive to the movie, and the movie feels better with bear, etc..
 


No idea how rigorously it's enforced, but might I suggest that if you're going to do it, step out of your car first. That will save you some headaches.
 

CdwJava

Senior Member
Eddo36 said:
Well drinking in public is a misdemeanor in California.
Actually, it's an infraction to have an open container in public IF the local jurisdiction has an ordinance making it unlawful. (see B&P 25620)

Being DRUNK in public is different.

Think it's a bs law, how much is it enforced?
If you don't like it, petition your local government to remove it from the books. Good luck. Most places aren't keen on wandering drinkers.

How much it is enforced depends on how much of a problem it is, and whether the city and the police department have made a point of pursuing this. Generally, it WILL be enforced.

Are cops likely to charge you with a full misdemeanor for having a beer in your car in some parking lot before watching a movie?
Since it's an infraction, no. However, if you have an open container in yuor car, that may be an additional offense - also an infraction.


- Carl
 

Eddo36

Junior Member
Are you sure it is an infaction in California, specifically the Los Angeles county? Because I have been told by police that it is a misdemeanor.

And what is wrong with wondering drinkers who aren't drunk. Prohibition?
 

Shay-Pari'e

Senior Member
Are you sure it is an infaction in California, specifically the Los Angeles county? Because I have been told by police that it is a misdemeanor.

And what is wrong with wondering drinkers who aren't drunk. Prohibition?

You were just answered by a cop in California.
 

Eddo36

Junior Member
So a little more than a century ago you can ask what's wrong with slavery, and a cop then would tell you the same thing.
 

Just Blue

Senior Member
So a little more than a century ago you can ask what's wrong with slavery, and a cop then would tell you the same thing.
Ed, Are you really trying to compare not being able to drink in public at a Drive-in-movie with SLAVERY???:eek:
 

CdwJava

Senior Member
Eddo36 said:
Are you sure it is an infaction in California, specifically the Los Angeles county? Because I have been told by police that it is a misdemeanor.
They may have some additional offenses that are covered as a misdemeanor. But open container laws passed by local ordinance pursuant to B&P 25620 are infractions.

You would have to cite the SPECIFIC local code section for anyone to be certain (then we could look it up). There ARE circumstances where it might be a misdemeanor, but it is something more than simply an open container ... perhaps an open container on certain commercial properties, for instance.

And what is wrong with wondering drinkers who aren't drunk. Prohibition?
No - not prohibition: littering, expectorating, urination, image. Business owners and residents just aren't keen with the image of people wandering about their streets slamming brews. It's not a positive image.

Most these ordinances tend to be in effect in downtown or commercial areas for a host of reasons. And since it does not prevent ANYONE from drinking, it is NOT "prohibition". These laws only restrict the location and, perhaps, the hours in which someone can drink in certain areas open to the public.

You are always free to tipple in your home or at the home of a friend. In fact, you can get totally blotto in your own home! Just don't go outside or get drunk in a bar.

- Carl
 

CdwJava

Senior Member
Okay, I just noticed that this was done at a drive-in movie ... BIG difference! This is NOT an open container violation, it is another issue entirely as the possession is NOT in a publicly owned place, it is on the commercial property of another business - presumably one not licensed to sell alcohol. I don't have the cite immediately handy, but it should be a B&P violation and would likely be a misdemeanor.

- Carl
 
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CdwJava

Senior Member
Eddo36 said:
So a little more than a century ago you can ask what's wrong with slavery, and a cop then would tell you the same thing.
Actually, "a little more than a century ago" would have been about 1900 ... slavery had been abolished for some 35 years by then.

But, as with many local ordinances today, it would depend on WHERE you asked the question. There were many states where slavery was not legal and the local constabulary (assuming there WAS a constabulary) would tell you so.

Also, to echo others, slavery and alcohol consumption are not even remotely connected.

- Carl
 

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