Legal Question in Criminal Law in California
Last night I was walking to a friends house and saw an empty beer bottle on the ground, which I picked it up and threw in the street. A pair of police officers witnessed the act and cited me with littering as well as an open container. The littering I get but is it really considered an open container if it's empty?
Asked on 7/03/10, 9:18 am
2 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
I would plead not guilty and fight the citation for open container. Presumably any beer in the bottle would have evaporated by the time you picked it up, and it therefore can't be an "open container" of an alcoholic beverage.
Answered on 7/03/10, 12:56 pm
Anthony Roach
Law Office of Anthony A. Roach
I doubt it is open container, but the police did not know that and assumed you were drinking out of it and then threw it. You are going to have to defend against the charge.
Answered on 7/04/10, 12:44 pm
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