Legal Question in Criminal Law in California

Open Container = loss of license?

I received an open container violation and a coutesy notice to pay $142 instead of going to court. I decided to go to traffic court to have the fine transferred to community service and I was told that the judge was required to suspend my license for one year, even though I was not in a car at the time of the violation. My question is if I had just payed the $142 would my license been suspended as well? There was nothing on the courtesy notice stating that paying the fine was equal to a guilty plea and would be accomanied by a loss of license.


Asked on 10/25/04, 10:49 pm

1 Answer from Attorneys
Okorie Okorocha California Legal Team

Re: Open Container = loss of license?

"I was told that the judge was required to suspend my license for one year"

I am not sure that the judge is really "required" to do this but, I have had clients who later get their licenses suspended by the DMV, even though it was not part of the plea agreement we reached.

Generally speaking, the DMV is not a party to the court proceedings.

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Answered on 10/25/04, 11:02 pm


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