Open container violation in Los Angeles (on the sidewalk, not in a car) LAMC 41.27 (h)
Question Details: I received a violation, with the code 41.27 (h), of the LAMC (open container in public.) The officer circled it as a misdemeanor, and my court date was set for December 2, 2009. However, the date of violation was incorrectly recorded as November 30 2009, when instead it should have been October 30, 2009. This is my first time ever ticketed for anything, and my question is this: what punishment can I reasonably expect, and if it is going to be anything more than an infraction, would you advise that I obtain some type of counsel. I am graduating from college soon, and I'm worried about this!
Wish I would've seen this earlier -- I practice in California. The section you were stopped under was declared unconstitutional several years ago in the case of People v. Duran, 43 Cal. App. 4th Supp. 1. As such, your arrest was unconstitional. Charges should never have been filed. How did things turn out? MPH
I am a lawyer in CT and practice in this area of the law. The ticket is an infraction. it is the equivalent of getting a parking ticket as it is punishable as a fine. However, i would hire a lawyer and make the investment into a lawyer to try to get you community service or have you make a charitable contribution instead of paying the ticket. Most lawyers will meet with you for free the first time. you do not want to plead to this if you can avoid it and a lawyer will know whether the court is easy on student getting these charges.
