Legal Question in Criminal Law in California

Citation for Glass Bottle in Stadium Parking Lot

I was given a misdemeanor citation under San Diego Municipal Code section 59.0502(f) which prohibits glass containers in the Qualcomm Stadium parking lot. First off the officer cited the wrong section on my citation (he put 59.0502(a)(1) which prohibits the throwing or launching of objects). Is that enough to have my case dismissed? If not, I plan to argue mistake of law. Although ignorance of the law is not usually considered an excuse for violation, the facts support the notion that I had every reason to believe that glass bottles were allowed in the Stadium Parking Lot. Here are the facts:

1)There are receptacles in the parking lot that specifically encourage the recycling of wine and beer bottles made of glass.

2)Alcohol is served out of glass bottles at stadium concession stands

3)No signs are posted in the parking lot or at entrances to indicate that glass bottles are prohibited

Not only do these circumstances make it perfectly reasonable for one to believe that glass bottles are allowed, but having receptacles that encourage recycling of glass bottles when they are in fact prohibited is a form of entrapment. Could anyone help direct me to some information (codes or court desisions) that could help me out?


Asked on 1/03/07, 4:35 pm

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Citation for Glass Bottle in Stadium Parking Lot

While I do not have the code section inhand..."mis-numbering" the violation by the issuing officer does not get the case dismissed. Just get an amended complaint.

I have no direct knowledge of QC but often time notice signs are placed where no one ever sees them...

Your last points are well put and several challenges exist pre-trial, as well as the mistake of fact defense at trial...you are also correct that a mistake of law does you no good.

Pre-trial Constitutional challenges re: notice, equal protection are in order.

A careful look at the code is needed as often times city or county codes are very poorly drawn and subject to other challenges.

Unless of course the officer really intended to charge you with throwing the object...? Discovery of the officers notes/report is need for this.

Best

DJM

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Answered on 1/03/07, 8:44 pm


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