Legal Question in Traffic Law in California

Last October, I received an "open container" ticket while walking down the street in Santa Barbara at UCSB's Halloween Festivities. Since I live in Los Angeles, and don't own a car, I promptly paid the ticket after a 2 week required waiting period. Recently, I was looking for car insurance, and they cited that I had a serious violation on my record. I would like to know if by paying the fine, I was convicted guilty of a crime. Also is this a misdemeanor or an infraction? Can I appeal this decision if it is a misdemeanor? And finally, how is this reviewed on my permanent criminal record? (Note: I wan not driving a car or near a car at the time, as well I was 21 at the time of the offense.)


Asked on 7/08/10, 8:59 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If you read the ticket carefully, it states that the "fine" is actually an amount of bail you put up to guarantee your appearance in court, but that you can forfeit the "bail" and not have to appear in court. The court, without saying so, views it as a situation in which you have plead nolo contender--you do not plead guilty but you place your self at the mercy of the court as you are not contesting the validity of the charge.

It would be too late to appeal the decision and you can not challenge such a plea because you did not dispute it before. Point out to the insurance company the circumstances of the ticket and that it was not one involving the use of a car.

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Answered on 7/09/10, 10:58 pm


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