Is an open container in public in Hermosa Beach CA an infraction or misdemeanor

I received a ticket for open container in public on new years eve. I walked out of a cab with a bottle It's being handled as part of the traffic dept and I asked the clerk and she said it wasn't a misdemeanor. I also consulted a lawyer and he was pretty sure it was just an infraction. Will this show up on a back ground check. What should I do.

Hermosa Beach, CA -

Attorney Answers (3)

Kelvin P. Green

Kelvin P. Green

General Practice Lawyer - Torrance, CA
Answered

You need to hire an attorney and resolve the ticket.whether it shows up or not you may be required to answer questions about the incident that if you have a conviction you may be required to list it.

This is for general information only. Nothing in this information should be construed as creating an attorney-... more
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Christopher William Zander

Christopher William Zander

Criminal Defense Attorney - Newport Beach, CA
Answered

Vehicle Code sections 23221-23229 VC are collectively referred to as California's "open container" laws. Simply put, these laws prohibit driving with an alcoholic beverage in the car that has been opened...even if not consumed.

This offense is typically an infraction, punishable by a maximum $250 fine. However, if you are a driver or passenger under 21 and are caught violating this law, you face a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine.
we can handle this for a nominal fee.
Give me a call for a free consultation, 949-464-8073, number rings in my pocket.

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David Laurence Altman

David Laurence Altman

Criminal Defense Attorney - Los Angeles, CA
Answered

Since you had an open bottle of alcohol in a cab, you were guilty of violating the open container law. As a passenger if would be an infraction. Violations of the open container law by a driver or minor would be a misdemeanor.

LICENSED AND ACCEPTING CASES IN CALIFORNIA & UTAH - 911LAW.ORG - Former Judge Pro Tem in California Superior Court.... more

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