What is the penalty for an open alcoholic container as a passenger?

It was a Saturday night. My friends and I were driving to downtown San jose to check out some clubs. After we parked our car in the public garage two officers came out of nowhere and pointed flashlights in our faces. The officer saw an open container with alcohol in it. He told us to get out of vehicle. I recieved a citation for posession of an open alcoholic container as a passanger in a parked, turned off vehicle. The bottle was never in my hands and all four of us recieved the same citation. The only thing I had was a empty cup with alcohol residue. Only one person had the bottle and that was the driver. My question is do I have a chance to fight it? If I can't, what is the penalty in the state of CA? VC - 2322B

San Jose, CA -

Attorney Answers (2)

George Fredrick Mueller

George Fredrick Mueller

DUI / DWI Attorney - San Diego, CA

You likely may want to speak with a lawyer for a free consultation at www.dui-help.com e.g. Santa Clara County.

Edward Jerome Blum

Edward Jerome Blum

DUI / DWI Attorney - Los Angeles, CA

Yes. You should contact a lawyer before your court appearance. Each of you should.

Edward J. Blum

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