I am 22 years old, and was caught in Isla Vista in Santa Barbara walking down the street with a plastic cup half filled with margarita and was given a citation by a police officer. To complicate things, this summer I was charged with driving to endanger (in Massachusetts) because of a car accident I was in, and received a continuance without a finding. I know I was supposed to stay out of trouble for 6 months and the driving to endanger charge would go away, but does this infraction count to ruin that, and could I now be charged with the previous crime? Also, am I required or advised to go into court with this, or is it like a traffic violation that should just be paid?
If the officer wrote you a citation there should be a court date on it somewhere,usually the bottom. If not, it could be that the court is going to send you a bail notice with a fine amount - if you pay the fine you don't have to show up to court and bail if forfeit. This information should have been given to you. If not, check with the court in the jurisdiction in which you were given the ticket.
On the other issue, that is more complicated. The answer is it depends. For example, if you were ordered to obey all laws except minor offenses, such as infractions, you may be ok. On the other hand, if you were ordered not to drink, even an infraction could jeopardize your case in Massachusetts.
You should contact a lawyer in Massachusetts to review your case there. He should be able to advise you. If may not come up until the six month period is over, when, I assume, you are supposed to go back to court. If there is no record showing, you may get your case dismissed if the DA there does not show the citation in Santa Barbara. if the court asks you if you've stayed law abiding, that's another question. A lawyer there should be able to helpyou.
Word to the wise: Don't drink or use drugs without a prescription until the Massachusetts case is dimsissed. One margarita isn't worth the consequences....
The first thing you should do is contact a qualified lawyer in Massachusetts to see what they think you should do about it. I suspect that, because it is an infraction, it won't disturb the deal nor cause you to face any additional sanction in Massachusetts. If the lawyer there says that an infraction for open container won't cause you grief in Massachusetts, then you can either go online at www.sbcourts.org and attempt to pay it online, thereby saving yourself a court appearance, or go to court and decide between pleading guilty or no contest to it or setting it for trial. If, on the other hand, the Massachusetts lawyer says, for example, that having an alcohol related conviction (of anything) is going to cause you some disadvantage on the case there, then you may want to consult a lawyer here to see if there is a way to avoid such a conviction other than simply setting it for trial and hoping that the officer doesn't show up.
Business & Professions Code § 25620 defines this offense as an infraction. Infractions are not crimes but public offenses which do not become part of your police record. If it's not in your record MA won't know about it. Based on what you've said there should be no consequences other than payment of the fine.
