I received an open container ticket a month ago (25620 BP) in San Diego, California.
I was holding a Red Bull can in which I poured a little hard alcohol into. A bicycle cop call me over and tells me to sit on the curb. He takes my Red Bull can from me and smells it, then takes my license (I'm over 21) and proceeds to write me an infraction ticket. I ask him how much the ticket will be, and he responds between $50 and $150.
When I received the ticket it was for $255, which is definitely a large amount for me. My question is, am i allowed to plead guilty and pay the fine, but ask the judge if he can lower the fine? Is $255 the minimum for an infraction ticket for an open-container? This would be my first ticket I've gotten, so my record is clean.
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
Yes, you can ask the court to impose a lower fine if you were to plead guilty. That was an easy question! :) But you might have a good case for trial.
Good Luck...
If you want to plead guilty, you can and should also ask the judge for a reduced fine. It sounds like you're already thinking of good reasons why your fine should be reduced (because you have no prior record). If you tell those reasons to the judge, they may lower your fine.
Sure, your fine may be reduced, but the more important question is whether you should plead guilty at all. It might be in your best interests to fight the case. Even if it is an infraction, you can have a lawyer, at your own cost. Some lawyers will even do this stuff for free, and you should consider that. Even if you take the case to trial and lose, the court can still be asked for a lower fine.
I am not clear what you were cited for. Were you intoxicated in public, or is the citation just for open container or possession/comsumption of alcohol in public? All of that could be very important.
Consult a lawyer. Many will provide a free consultation.
Did you tell the officer that the can contained alcohol? If not, you should fight this ticket. If the only evidence is the officer's smelling the can, it would be hard to convict you as alcohol is odorless. There is also an issue as to why the officer detained you and started sniffing around. If you admitted the can contained alcohol, that admission would probably suffice for a conviction, but if money is tight, set the case for trial and see if the cop shows up. If not, case dismissed. If he does, the court will usually entertain a pitch for a lower fine to avoid a trial. Dress neatly and act calm and polite. Unfortunately, you would spend more on a lawyer than the fine, and as no license suspension is involved, that would not make financial sense. As the case was file (I believe) as an infraction, there will be no public defender to assist you. Good luck.
