Help me! Last week I saw a thing on requesting to have your court date and location changed to the county in which you reside in and I can't find that info anymore! I need it because I got an open container ticket at the sand drags and don't feel like going to winterhaven to fight it. Thanks in advance! Pleae email me if you know the link! Thanks, Cody

Just pay the $50! Cheaper than driving out there

gotta keep those ICDB's in a coozie or in a cup

How/where do you get popped for open containers?

You can get an open container ticket for sitting in a rail or on a quad with a beer in your hand.

The Pastor

NO MATTER WHAT...U ARE SKREWED

We were at vendors alley last February and were carrying a six pack on one of the quads of our group so we parked and started debating whether to park and pop open some ICDB's, I kept telling the rest of our group that we couldn't because of the open container law, and they kept arguing we could, then we see on of the sherriff's expeditions cruise by where we were parked, so walked up to the passenger side window and asked if it was ok to do so or not. The Deputy gave me a "parent being asked permission" look and told me it was ok as long as we weren't riding the quads. I took it as meaning that we could as long as we were stationary, so we did open up a couple of ICBDs and took a break. I guess it depends on the officer and your location when you pop them open........

Totally.
By law, you can receive an open container ticket for drinking while sitting on a buggy tire.
Escencially, ALL drinking laws that apply to the street also apply to off-road.
Be sure... step away from the car while drinking.

BTW: I think this is an absolutely ludicrous law since a buggy or a quad is often your only seat while in the dunes.

The Pastor

But that's not to say that you can't drink in the dunes, so long as you're not physically in contact with a vehicle, correct?

It's a long walk back to camp...

aha!! when you sign the ticket, you have to tell the officer to move to the county seat. also, write county seat on the ticket before you sign so that it is noted. and yes, the officer does have to comply with this, or YOU WIN!!

trust me on this, i am practically a moving violation lawyer with as many times as i have been to hte court. but you might fight it with a trial by declaration.

heres how. you can plead not guilty by mail. -never have to leave the house. -you pay your bail, and request trial by declaration. (about $10 bail, up to $50in speeding cases). state your case, and send it in. this is the only way that you can fight your case twice. if you lose by this, you have 14 days to file a "trial de novo" which is heard in front of the judge. this also gives you a chance to question your accuser.

unfortunately....you will have to go up there for that one. give them a call and see if you can still request county seat. its worth a shot. if not then ask for the bail amount, and do the above written trial.

[QUOTE]And NO you do not win if he doesn't comply. He said that this is an old urban myth, that lots of people believe but is simply NOT TRUE.[QUOTE]


I beat a speeding ticket this way. I showed up to the court date, pleaded not guilty and requested a trial date. I showed up for the court date and sat there waiting for my turn. My turn came and I stood up and stepped forward and was acknowledged by the judge.

sorry interrupted the last post to do a shout out about a t h involved in a wreck with a bus on the 14 freeway in santa clarita.

in any case, I showed up, stoo up, was akcnowledged by the judge and he called on the cop. No cop in sight, so the judge decides to put me on hold to give the officer a chance to show up. I get to sit down for a couple of hours and watch a bunch of interesting people try to get out of paying their tickets. Finally after several hours, he calls me back up to the front and asks if the officer has shown up. No officer again, and he dismissed the case....... NO ticket, my insurance didn't go up, and didn't have to shell out greenbacks ......... Guess it might depend on the judge......

Here is the thing, I read about the request to have the hearing moved to my county seat so I requested it to the cop before he wrote me the ticket and he said that he had never heard of such a thing and didn't believe that it could be done(that is the part where he got angry at me)...I told him I read about it and he said I would have to call the court...so...it is not the fine I am worried about...it is the points on my record and my insurance...I wasn't on a quad or a buggy, I pulled up at the drags in my samurai and reached over to the passangers seat where the cooler was, grabbed a cold one, cracked it open while in my seat(but didn't take a drink) then got out and started drinking....so the cop must have been sitting there watching me with binoculars...it is not like he walked up to the car and I was sitting there drinking in it. This sucks

Your policy is easy to go buy unitl it happens to you, I am not debating that I had an open container but the punishment does not fit the crime at all. Just screwed

Technicaly, having the icechest in the front floorboard is also against the law.
Though, I have to admit, if what you said happened, did happen... that's bullcrap.
I have a feeling that this was one of those, "Let's test this guy so we can get him for DUI." and when you passed the test the only thing left was Open Container. Exactly the type of law enforcement I've been complaining about all along. Basicly leaving it up to some very illtrained officers to pick and choose who gets screwed and who doesn't... Far too often it's the "easy mark" that gets the shaft.

But, Bob is right. You have to be aware of the laws and make them work for you. Don't get caught unaware ever again. Know exactly what you can and cannot do. And for crying out loud... Don't ever take beer to the drags!

Good luck!

The Pastor

this is true, so obviously somebody needs a refresher course

vc 40502b

( Upon demand of the person arrested, before a judge or other magistrate having jurisdiction of the offense at the county seat of the county in which the offense is alleged to have been committed. This subdivision applies only if the person arrested resides, or the person's principal place of employment is located, closer to the county seat than to the ( )1 magistrate nearest or most accessible to the place where the arrest is made.

I've been thru this....what you need to do is ..make a written request for a "Trial by declaration" enclose a check for the fine/bail, wich is refundable if found not guilty. you then plead your case the judge will read your dec. and request one from the officer as well, and render his/her decision..GOOD LUCK...I GOT MY MONEY ACK
This is what I did

Case # BR-064592
Violation 23222(a)CVC
Calipatria Police Dept. Citation # 12524
Issued 11/21/01

This is a written statement, of not guilty and a written request for trial by declaration.
Enclosed is a personal check #820 in the amount of $103.00. The full refundable bail amount, should I be found not guilty.
Please forward the proper documents to the above address, in the enclosed SASE.
Thank you for your attention in this matter.

Thanks Loosnut, That is probably what I am going to do, do you think it would help to have written statements from the other people who were with me?

I doubt it Cody

I am in the process of "Trail by Declration" at the Brawley court. I was to appear in January and sent them a letter aasking for the trail and they granted me the request. This only can be done with traffic tickets. It is still dragging on. I had 30 days to respond then the officer has 30 days then the court has 30 days so you caan see how it can linger. Good Luck.

Thanks for the help guys, and thanks for the hope goat!