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

Hermosa Beach, CA |
Filed under: Misdemeanor crime

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.

Attorney Answers 3


  1. 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-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.


  2. 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.

    The information on this website is for general information purposes only. Nothing on this website should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


  3. 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. CALIFORNIA PERSONAL INJURY CAR ACCIDENT ATTORNEY LAWYER. ST GEORGE UTAH PERSONAL INJURY CAR ACCIDENT ATTORNEY LAWYER. Attorney responses are provided for informational and educational purposes only and do not create an attorney client relationship. Such responses represent the attorney’s initial analysis based only upon the facts set forth in the question. Since the question may not include all of the facts or omit material facts or timelines which could affect the attorney’s conclusions, attorney responses should not be construed as legal advice for any particular set of facts but only as a preliminary opinion.

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