Ticket for open container

esu1

New Member
Jurisdiction
California
Background: Several weeks ago I went to downtown LA for a clubbing event. After we paid for the parking and were looking for a spot, there were several police doing random searches of cars for alcohol and our car had a bottle of Amsterdam in it. It was in the back passenger seat behind the driver. Me and two other of my friends got a citation (41.27(d) CA) for an opened container.

We were asked to step out the car, or more accurately scared into stepping out the car where they found the bottle of alcohol on the ground. I'm not sure they had probable cause for searching the car, although there was evidence that we were going to drink, we had cups of ice and a bottle of cranberry juice in the front seat. We stepped out and were told to put our hands on the trunk and they took out the bottle and inspected it and said it was unopened and proceeded to gives three of us citations, One person was over 21 and did not get a ticket since the bottle was unopened.

Recently we found out that the infraction would be $100. One of my friends wants to fight the citation and was wondering if it is worth fighting? I'm leaning towards just paying the fine instead of going through the trouble of fighting the ticket, also cause we are minors(19). What would be the consequences if we fought and lost, and the consequences if we just paid the ticket. Any advice would be greatly appreciated, Thank you!
 
Los Angeles Municipal Code
SEC. 41.27. INTOXICATION.
(d) No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code of the State of California, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating any provision of this subsection shall be guilty of an infraction.

I don't know what the consequences would be.

I suggest you talk to an attorney before you make any decisions.

I also suggest that you and your friends quit drinking. Things could get so much worse.
 
I don't know what the consequences would be.

I suggest you talk to an attorney before you make any decisions.

I also suggest that you and your friends quit drinking. Things could get so much worse.

Would there be any consequences if I submit an appeal online and it gets denied?
 
Life is soooooooo much easier when you OBEY their laws.
 
Me and two other of my friends got a citation (41.27(d) CA) for an opened container.

This seems inappropriate. If the officers were unable to determine who the bottle belonged to they should have cited the driver, not all three of you. For that reason alone I'd encourage you to fight the citation- you were a passenger in the vehicle. The bottle was not yours.

We were asked to step out the car....

There is no issue here. It is well established that police can remove the occupants from the car.

I'm not sure they had probable cause for searching the car...

Your description suggests that once the passengers were out of the vehicle the bottle was in plain view on the floor. A limited search of the vehicle, at minimum to inspect the bottle, would be justified.

...they took out the bottle and inspected it and said it was unopened and proceeded to gives three of us citations,/quote]

That makes no sense. Why would all 3 of you get an open container citation if the bottle was unopened?
Had the bottle been previously opened? Was the seal broken?

One person was over 21 and did not get a ticket since the bottle was unopened.

Age has nothing to do with the offense. The officers must have somehow determined this person was not in possession of the bottle but the other 3 of you were... Sounds kind of dumb to me.

One of my friends wants to fight the citation and was wondering if it is worth fighting?

I would. Make the officer explain why three citations were issued for the same unopened (possibly) bottle.
If the bottle truly was unopened with an unbroken seal then there is no violation in the first place.

I'm leaning towards just paying the fine instead of going through the trouble of fighting the ticket

That is the fastest and easiest way to handle it, but why not keep your money instead?
Ok, so it seems maybe you were cited because you were minors and the other person not cited was 21. That still doesn't justify the citations unless the bottle was open, but even then it would apply to the 21 year old too.
Honestly, this sounds like an easy citation to beat if the information you are giving is accurate.

What would be the consequences if we fought and lost, and the consequences if we just paid the ticket.

The same fine either way. This is a local municipal code, not anything that generates a criminal record or risks jail time. It's just money they want.
 
Would there be any consequences if I submit an appeal online and it gets denied?
Your best bet is to appear in person in court, but if there is an online appeal option available you can try it. You better have good writing skills and be able to keep it short and to the point with relevant facts.
 
I'm not sure they had probable cause for searching the car, although there was evidence that we were going to drink, we had cups of ice and a bottle of cranberry juice in the front seat.

That's all the probable cause needed. However, if the alcohol was in plain view from outside the car, then it wasn't a search (or wasn't an illegal search).

We stepped out and were told to put our hands on the trunk and they took out the bottle and inspected it and said it was unopened and proceeded to gives three of us citations, One person was over 21 and did not get a ticket since the bottle was unopened.

So...you got an open container citation for a container that wasn't open?

What would be the consequences if we fought and lost, and the consequences if we just paid the ticket.

The same as if you just pay the fine, except you may get assessed with additional court costs. On the other hand, if the bottle was not open (i.e., the seal was not broken), then you did not violate the law cited.

Would there be any consequences if I submit an appeal online and it gets denied?

I can't say that I'm familiar with the procedures relating to a ticket like this, but you cannot appeal anything until and unless you're convicted.
 
Could it be that the tickets were meant to be for Minor in Possession? Since they determined that the bottle was unopened and did not cite the individual who was over 21, that kind of makes sense to me. I know the MIP laws generally would apply to minors who had alcohol in their possession, even if they hadn't consumed any of it (yet).
 
I thought the same thing but it doesn't work. With someone of legal age in the vehicle the alcohol was allowed in the vehicle. It also doesn't work to cite all three for the same offense.
I think the officer was unable to get anyone to claim it and resorted to writing everyone citations, and while that might work for intimidation to get them to talk it won't likely hold up if they challenge it.
 
I thought the same thing but it doesn't work. With someone of legal age in the vehicle the alcohol was allowed in the vehicle. It also doesn't work to cite all three for the same offense.
I think the officer was unable to get anyone to claim it and resorted to writing everyone citations, and while that might work for intimidation to get them to talk it won't likely hold up if they challenge it.


What we are usually told usually is only partly true.
 
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