Open Container/Ped Stop/ inside Bart Platform

[Jojo650]

What is the name of your state?
San Francisco, CA

2562062 b&p code

Hi ,
I have a question and I need guidance and assistance on how to proceed with this .

Last month I was taking BART in San Francisco, heading to an event and I was stopped by a park police at the platform and I was given a citation for open container which I did have in my plastic bag . I have the option of paying the bill amount but it will stay on my record and I will be convicted for it so I have the chance to also appear in court and fight it how can I go about this should I hire an attorney what’s the best way to go about it without also spending a lot of money and can I get this taken care of so that it doesn’t stay on my record?

 

[xylene]

you hire an attorney and take your chances. nothing is guaranteed. if your record is important you hire a great lawyer, and expect it not to be cheap. refrain from drinking in public from now on. maybe get some aa too.

 

[HighwayMan]

If you're so concerned about your precious record then why do you knowingly break the law?

 

[xylene]

If you're so concerned about your precious record then why do you knowingly break the law?

In fairness, perhaps he didn't know. Also in BART stations injecting fentanyl is routinely ingonred by the police, as are other crimes. This lends to an air of permissiveness and lawlessness to these stations with regards to minor crimes. Doe that exonerate the OP, no. But it does set the behavioral expectations very very low.

 

[adjusterjack]

should I hire an attorney

Yes. Hire an attorney if you want even the slightest chance of success in court.

Go it alone and your chances are slim.

 

[NeilTheCop]

That cop had fantastic eyesight to be able to see straight through that plastic bag to the open container, or is there more to this story?

 

[PayrollHRGuy]

Probably when the OP lifted it up to drink out of it.

 

[CdwJava]

Let's see ... drinking from a large can or bottle (32 oz? 40 oz? Distinct shape?) in a paper or plastic bag? In my experience these are almost always weak attempts to conceal alcohol. I can count on one hand in 27 years the number of times someone was drinking NON-alcohol in such a manner ... and in at least two of those occasions, it was a homeless guy playing a game with the cops and trying to suck them in.

San Francisco MAY have some sort of alcohol diversion program if you are willing to enter into a program and get sober. You can always ask about it. If they do not have any program to allow for diversion, you may have to suck up the fine and move forward. AND, stop drinking where you cannot.