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Q: Citation for public urination in Santa Monica ( No Answer,   3 Comments )
Question  
Subject: Citation for public urination in Santa Monica
Category: Miscellaneous
Asked by: enlighten06-ga
List Price: $15.00
Posted: 23 Apr 2006 22:57 PDT
Expires: 25 Apr 2006 20:20 PDT
Question ID: 722165
I was caught along with my friend(in the city of Santa Monica)
urinating next to a trash dumpster in a dark alley, which was adjacent
to a public parking lot. It was very dark and we tried to be as
discrete as possible. It was after 2 AM and bars would not allow us
back in to use the bathroom. My friend plead with the officer to let
us off with a warning but that caused the officers to be more angry.

What is the best strategy to pursue when we go up in front of the
judge? We don't want a misdemeanor on our record.  What seems to be
the public policy with regards to this situation?  In what percentage
of cases was a misdemeanor kept on the permanent record of the
defendant?  What could/will happen if we admit to guilt? We were
thinking about admitting to "guilty with explanation", and stating
that there were no places to urinate in the vicinity. If a defendant
is admitting guilt, can a judge find him innocent? We want strategies
here! Time is of the essence!

Also how much are the fines that are imposed?  How often do judges
find the defendant guilty?   Is there a way to postpone our hearing
date via phone?

Clarification of Question by enlighten06-ga on 23 Apr 2006 23:49 PDT
The citation number was 5.08.110

The officer also had the wrong age written on my friend's ticket.  Is
this grounds for a dismissal based on a technical error?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Citation for public urination in Santa Monica
From: frde-ga on 24 Apr 2006 00:47 PDT
 
I would plead temporary insanity and loss of control due to
excruciating pain in the bladder.
Subject: Re: Citation for public urination in Santa Monica
From: cynthia-ga on 24 Apr 2006 02:18 PDT
 
It's not looking good enlighten06,

It's a $500.00 fine, and Santa Monica is #9 on the "Meanest Cities in the US" list.

A Dream Denied - The Top 20 Meanest U.S. Cities Practice Police
Repression Against the Poorest of the Poor
http://www.createpeaceathome.org/streetspirit/2006/february2006/dreamdenied.htm

20 Meanest Cities
http://www.nationalhomeless.org/publications/crimreport/meanest.html

=================================================

5.08.110 Offensive substance
http://www.qcode.us/codes/santamonica/

Schedule of Fines:
http://santa-monica.org/cityclerk/council/agendas/2004/20040210/s2004021007-A-2.htm

Sorry about that. The only thing you have going for you is the fact
the businesses were closed, but it's likely you will still be
convicted of this. If it's important to you, get an attorney.
Subject: Re: Citation for public urination in Santa Monica
From: qed100-ga on 24 Apr 2006 07:46 PDT
 
I'd demand that the arresting officer produce some corroborating
evidence (at the very least, independent witnesses) that you even
*were* urintating at that place, at that time. So what if that
individual claims as much? Being a police officer doesn't relieve that
person from the burden of proof.

   There's a line of dialogue in the movie "A Touch Of Evil", which is
one of my all-time favorites: "The policeman's job is easy only in a
police state."

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