What is the name of your state (only U.S. law)? CA
So a few months ago I was ticketed for 36-3 "Open Container in Public" on Halloween in Santa Barbara. Here's a link to the law description: SBSO - The Law Says
36-3 Co. Ord. - DISPLAY OF OPEN CONTAINER
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DEFINITION:
No person shall have in his or her possession on any public street or other area described in section 36-2 any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.
PENALTIES:
Any violation of either 36-2 or 36-3 Co Ord is an infraction punishable by a fine of $108 with an additional fine of $125 to the VRF (Victims Relief Fund) for the first conviction
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Anyway, the court date is approaching and I've learned that I can appear in court, plead not guilty and then request a TBD (Trial By Declaration), meaning do everything by mail. So my question is: Does anyone have advice, tips, tricks on working with a TBD? I've done it before for a speeding ticket, where I requested a written statement by the officer. The officer failed/didn't bother to write one so the ticket/case was thrown out.
Would something similar work for this? In Santa Barbara county, this is handled through the traffic court, and is considered an infraction/citation. So even if I lose, I'm just out the $150 or so for the ticket amount.
Can I request a statement from the prosecuting office/county clerk to "prepare my defense?" Since this happened Halloween night, the officer was probably pretty busy with a lot of tickets. Can I ask something like a statement from the officer accurately identifying me/my costume? What about a statement identifying exactly what my open container was? Ya know, a lot of soda cans look like beer cans.
I guess what I'm asking is if the officer cannot prove these details specific to my case, wouldn't the whole thing get tossed? Ya know, innocent until PROVEN guilty? What about if the officer fails to/ignores a request for a written statement?
Do you have specific legal codes to use in a written statement?
So a few months ago I was ticketed for 36-3 "Open Container in Public" on Halloween in Santa Barbara. Here's a link to the law description: SBSO - The Law Says
36-3 Co. Ord. - DISPLAY OF OPEN CONTAINER
====================
DEFINITION:
No person shall have in his or her possession on any public street or other area described in section 36-2 any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.
PENALTIES:
Any violation of either 36-2 or 36-3 Co Ord is an infraction punishable by a fine of $108 with an additional fine of $125 to the VRF (Victims Relief Fund) for the first conviction
=====================
Anyway, the court date is approaching and I've learned that I can appear in court, plead not guilty and then request a TBD (Trial By Declaration), meaning do everything by mail. So my question is: Does anyone have advice, tips, tricks on working with a TBD? I've done it before for a speeding ticket, where I requested a written statement by the officer. The officer failed/didn't bother to write one so the ticket/case was thrown out.
Would something similar work for this? In Santa Barbara county, this is handled through the traffic court, and is considered an infraction/citation. So even if I lose, I'm just out the $150 or so for the ticket amount.
Can I request a statement from the prosecuting office/county clerk to "prepare my defense?" Since this happened Halloween night, the officer was probably pretty busy with a lot of tickets. Can I ask something like a statement from the officer accurately identifying me/my costume? What about a statement identifying exactly what my open container was? Ya know, a lot of soda cans look like beer cans.
I guess what I'm asking is if the officer cannot prove these details specific to my case, wouldn't the whole thing get tossed? Ya know, innocent until PROVEN guilty? What about if the officer fails to/ignores a request for a written statement?
Do you have specific legal codes to use in a written statement?