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Urinating in Public Public Order, Loitering, Urination

Discussion in 'Criminal Charges' started by RPnerd19, Jan 16, 2013.

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  1. RPnerd19

    RPnerd19 Law Topic Starter New Member

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    This is my first offense with a misdemeanor for urinating in public. I was down at a main street where all the bars were located and there were literally only five bars open at the time. Each bar had a 30 to 45 minute wait, not being from the area I was unaware of any other locations that would be open within walking distance. While waiting in line to get into another bar I really had to use the restroom but was not let in by the bouncer (I’m sure he’s heard the “I have to use the restroom” line too many times). After another 15 minutes of waiting I could not hold myself any longer so I go to a back private lot that was secluded. The cop caught me red handed and he was just lurking in the private lot just to find people peeing. My dilemma is that I am pleading that I had to go because it was a 30 to 45 minute wait and I went to secluded area where I didn't intentionally want to expose myself to the public.
     
  2. Betty3

    Betty3 Super Moderator

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    I don't see where you ask a specific question but for urinating in public in Ca. this is what Ca. 374.3(a) P.C. notes - urinating in public:
    A person convicted of this violation shall be punished by a mandatory fine of not less than $100.00 nor more than $1,000 upon a first conviction. This violation occurs quite frequently in Isla Vista & the violators will always receive a citation. The standard fine for "Urinating in Public" is $270 for the first conviction.

    You can plead your wait to the judge - his decision as to punishment.

    Someone may come along with some additional information for you.
     
    Last edited: Jan 16, 2013
  3. mightymoose

    mightymoose Moderator

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    What crime were you charged with?
    If anything, you should have received a citation for violating a local ordinance. This would be a simple infraction with a fine, not a misdemeanor.
    If you have been charged with indecent exposure (314) then the cop made a mistake and you can easily beat the charge. It will have to be proven that you had sexual intent behind the exposure.
    Don't plea to anything.
     
    Last edited: Jan 16, 2013
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  4. RPnerd19

    RPnerd19 Law Topic Starter New Member

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    Mighty Moose, the only thing I am being charged with is "Urinating in Public" as a misdemeanor and it says nothing that I was charged with indecent exposure.
     
  5. Betty3

    Betty3 Super Moderator

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    Hold for mightymoose to come back but per my reference it also notes it would be an infraction with no jail time but punished by a fine as noted in my first post.
     
  6. mightymoose

    mightymoose Moderator

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    You received a citation with code on it, likely right next to the words "urinating in public". What is the code?

    Urinating in public is not a criminal offense other than that it may violate a local ordinance, which would only be an infraction like a traffic citation.

    The only way it would be a crime is if you did it deliberately in open view of others for the purpose of some sexual gratification. Having gone into an area that you thought was secluded, even though the officer saw you, will defeat any criminal offense you have been charged with.

    If you were in fact written up for a local ordinance violation then you can check the language of the ordinance to find out if you violated it or not... then either pay the fine or challenge it in court.
     
    Last edited: Jan 16, 2013
  7. Natey

    Natey New Member

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    Somewhat related, but there was an incident in which a woman who did not want to wait the long lines outside the women's restrooms in a crowded football stadium during a game decided to use the men's restroom instead. She went over the men's urinal and went right there. A friend at the next urinal said she might have been a little drunk, but everyone in that crowded restroom was surprised or laughing.
    Would that be a more serious offense than urinating in public?
     
  8. mightymoose

    mightymoose Moderator

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    No. Without some sort of sexual motivation it would not be a crime.
    However, if she were intoxicated enough to be arrested for her drunkenness that would be another issue. She might also just be removed from the stadium.
    There is no law preventing men from using women's restrooms or women from using men's.
     
  9. RPnerd19

    RPnerd19 Law Topic Starter New Member

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    Mighty Moose, i can burly make out what the code is because it is copy of the original, it says "925 010 Lime".
     
  10. mightymoose

    mightymoose Moderator

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    That might be a municipal code. You can contact the PD or maybe the court to ask them to clarify.
    If it is a local ordinance they should be able to direct you to a resource to read it.
     

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