Alcohol & Drugs: MIP, MIC, Intoxication Appealing Alcohol Possession Infraction

[mitchd]

My question involves criminal law for the state of: CA - San Luis Obispo
Charges: SLMC9.04.010 PUBLIC CONSUMPTION ALCOHOLIC BEV. PROH

I recently turned 21 and was downtown with some friends checking out a few bars. Since most of the drinks seemed overpriced I decided to go out to convenience store and purchase a beer there to enjoy. I walked outside and opened the beer at which time I was stopped by a cop. At this point I was completely sober and had not consumed a single drop of the beer.

I was written up for Public Consumption of Alcohol infraction and am being charged $380. I would like to be appeal this seeing as I had not actually consumed any alcohol and need some advice on how I should go about doing this. Here's some information that might be helpful:

Despite the fact that I hadn't drank anything when I was cited I was also unaware of California law that supposedly prohibits the possession of alcohol in public. This was my first time attempting to drink in public in the United States, California in particular. The other times I had drank was in Germany where public consumption was quite common. Due to my experience I was completely unaware that I was breaking any rules, especially since I'm 21. Any advice on what I need to do would be appreciated. Also will this affect getting a job in the future, how do employers view these kinds of infractions? Thanks.

 

[CdwJava]

There is not much to appeal - this has nothing to do with "consumption".

9.04.010 Prohibition.
It is unlawful for any person to have in his or her possession on his or her person, while on any city street, sidewalk, alley, roadway, parking lot, publicly maintained place or any place open to the public any bottle, can or other container or receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, or to consume alcoholic beverages while in the above restricted areas. (Ord. 1070 § 1 Ex. A (part), 1986: prior code § 4600)​

Note that the code only requires that you be in POSSESSION of the open container.

Have you been convicted yet? You can certainly try to argue your ignorance of the law, but I'd say it has a very, very low chance of swaying the court.

And I doubt that any employers will really consider this a big issue unless you are charged and convicted of the offense as a misdemeanor. If an infraction, you likely won't even be asked about it.

- Carl