What to do if I received a citation for possession of an open container but I was not driving or even in a vehicle, just out in public?

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What to do if I received a citation for possession of an open container but I was not driving or even in a vehicle, just out in public?

Is this a criminal offense? I was told it was just an infraction and could be dealt with just like a traffic ticket. Is this true?

Asked on May 21, 2013 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of most states one can be cited for an open container of alcohol in public which seems to be what happened to you. The citation is an infraction but you should consult with an attorney before deciding upon pleading guilty or not.


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