Legal Question in Criminal Law in California

If there were both a firefighter and a police officer within the narrow range of the bottle, it seems unlikely your brother did not see one of them. Both safety officials would not be at the same scene unless somethling significant had occurred; your brother would logically be assumed to know something was going on. But perhaps he did not because he was drunk. What other type of bottle would be throw out of the car? Why wuld he trhow a bottle out. A judge may very well assume that he was afraid the police would arrest him for being drunk or having an open container in the car. Your brother should try to plead it down to a misdeamor

Definitly, sounds like you have a great trial issue

Go for it