Los Angeles, CA asked in Civil Rights, DUI / DWI and Municipal Law for California

Q: What is my best option for contesting a Civil Citation for possessing alcohol on the beach?

I recently received a civil citation for possession of alcohol on the beach in Huntington Beach CA. The fine associated with the ticket is $125. I was considering contesting due to financial hardship as I'm a recent graduate and still have $75k plus in student loan debt that I am actively paying off. However I noticed that the date on the ticket is wrong. Would this be a valid reason to contest the ticket?

3 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: If you can offer proof that the date of the ticket is the wrong day, i.e. some evidence of where you were at the same time on the day the ticket was dated, then you might have a good shot at getting a not guilty for the ticket. You'll have to contest it by appearing and pleading not guilty. Gather your evidence (such as a photo taken at the same time showing you were somewhere else on the date of the ticket, a receipt from getting lunch or Starbucks on the same day at or about the same time), and have it ready to provide to the court. The officer will have to explain that s/he got the date right. For example, you can request copies of the officer's ticket book to review the dates written for the various tickets which were issued, which might prove that the officer just got the date wrong.

1 user found this answer helpful

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: You can ask for a payment plan, but defenses depend on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: ANY TIME YOU GET A TICKET/CITATION YOU MUST TAKE CARE OF IT.

USUALLY THAT MEANS GOING TO COURT YOURSELF OR HIRING A LAWYER TO APPEAR 977 ON YOUR BEHALF.

IF IT IS A VERY OLD CITATION YOU CAN MAKE A SERNA MOTION ARGUING IN ESSENCE LACK OF PROSECUTION BY THE DA.

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