What is the penalty for an open container ticket in california?

If what you say is true, I would vigorously contest this citation. It would have been helpful if you had included the section you were cited with, but I am assuming it is as follows: 23223. (a) No driver shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed. (b) No passenger shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed. If it was truly an empty bottle, then the citation is inappropriate. However, if there was a little left, then you may be on the hook. If convicted I would guess the fine would run about $200.

I would hire a criminal defense attorney and fight that charge. The officer was being ridiculous. My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state or at all for that matter and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.

I use this very scenario when I teach at the police academy. If the bottle's empty, you're not in possession of an open container of alcohol - you're in possession of a bottle that used to have alcohol in it. Given that you and your passenger were sober, you have a good defense. An open container can have negative consequences on your insurance, so it's worth fighting. .