Open Container citation by Transit Authority when leaving a football game.

Asked 10 months ago - San Diego, CA

Last night I was leaving a Chargers football game at Qualcomm stadium and as I got to the Trolley stop, which is located in the parking lot of the stadium, I was told by the transit authority to throw away my alcoholic beverage, since it was almost empty, I finished my drink. I was then sited for an open container infraction as well as a failure to comply because I did not throw the drink out. I plan on fighting this charge. How is anyone suppose to know where the tailgating area ends and where the "trolley station" begins? There are no signs indicating "no alcohol beyond this point". Can you please advise my best course of action? Thank you.

Attorney answers (5)

  1. William Mathew Concidine

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . You can set the matter for trial and contest the citation. You will have court in the Vlairemont Mesa court. Trial dates ae about six months after the arraignment dates. If transit cop does not show up, your citation will be dismissed. If he does, you can make arguments related to the tailgate park. You should contact local attorneys here in San Diego and see how they can help. With this kind of case an attorney can appear for you at court also, so you do not have to appear at the first hearing date.

  2. Anthony Michael Solis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . go to court and see what the fine is and pay it. If you can't live with the infraction, hire a lawyer to fight it. Sorry to hear this story--especially after a brutal Chargers loss.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  3. Sholeh Iravantchi

    Contributor Level 15

    1

    Lawyer agrees

    Answered . If you want to contest it, either you can do it on your own or have an attorney. You can take pictures indicating that you did not know.However, since you were warned already not sure if your defense wold be effective. Or you can pay the fine.

  4. Alan James Brinkmeier

    Contributor Level 20

    2

    Lawyers agree

    Answered . You are supposed to know that when you are told to throw away your drink DON'T DRINK ALCOHOL IN FRONT OF THE STATION SECUIRTY

    You had better come up with a better defense of the judge will throw the book at you

  5. David Philip Shapiro

    Pro

    Contributor Level 18

    Answered . Hire the best, locally experienced, criminal defense attorney you can afford.

    It will be a much better investment than blowing hundreds of dollars to watch a mediocre (at best) professional football team in an antiquated stadium.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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