Public Urination, Fullerton, Ticket Illegible, No File

The reader of more than two or three public urination case summaries will quickly recognize that these cases are not too complicated and resolution follows a similar path, in general, varying by the courthouse involved.  The issues are uncomplicated (did the officer observe the violation as required by Penal Code § 836 or did the client admit or apologize to such conduct) and minimizing the terms of resolution is generally given priority.

However, in the following case, a public urination case was not filed because the police officer issuing the citation simply could not legibly write out the ticket for our client.  He issued the ticket, but the copy he kept was so illegible that the case was not filed, according to the District Attorney’s office reviewing the ticket for filing a criminal case against our client.

Our client, age 28, had ventured out to the bars of Fullerton in late May 2023 with two friends.  The group went to Ziing’s Nightclub along Harbor Boulevard and then The Twisted Vine, a wine bar. 

When closing time arrived, our client and his friends went back to our client’s car, which was parked behind the Twisted Vine.  This is a parking lot accessible from West Amerige Avenue.

Upon feeling the cold air of the night, all three friends remarked they had to urinate and all three did in an area of shadows where they believed they could not be seen.  However, all three were seen by a Fullerton Police Officer and all three were issued tickets for violation of Fullerton Municipal Code § 7.110.010(a).

The client did not think much of the ticket until one of his friends, who also received such a ticket, began discussing it with him a few days later.  His friend told our client that the ticket was for a misdemeanor-level offense, the same level as DUI.  His friend also told our client that, if convicted, one could spend up to six months in county jail.

Our client then called Greg Hill & Associates and asked to speak to Greg about such a ticket.  Greg discussed the ticket with the client.  The client first described what had happened and how he got the ticket.  Our client asked if such a ticket was really for a misdemeanor-level violation and Greg affirmed it was, as well as that indeed, the judge could sentence a violator to six months in the Orange County Jail.

Greg further explained that while that is legally true, jail is almost never part of a sentence for public urination and that Greg had never seen a judge impose such a sentence.

Greg further commented that such tickets in the Fullerton Courthouse are most often resolved via a civil compromise under Penal Code §§ 1377 and 1378 consisting of a $350 donation to the Fullerton Victim Witness Restitution Fund and then dismissal in the interest of justice under Penal Code § 1385.

The client then hired Greg Hill & Associates and Greg asked the client to email or fax us the ticket, which the client did.  Greg could not read any of it except the pre-printed, bolded ticket number.  The remainder of the ticket, particularly our client’s name, was illegible.  This would later prove to be significant because our client had a very unusual first and last name, so even if one could read two or three letters on the original ticket, it would not help discern what the name was.

Greg then went to the Fullerton Courthouse on the day set for the arraignment and looked for our client’s unusual name on the flat-screen television monitors that listed the names of all those having criminal hearings for the day.  Our client’s name was not listed.

Greg then went to the criminal clerk’s office and asked the clerk to check in their computer for a case for our client, searching by our client’s name, citation number and date of birth.  The clerk said she found nothing.

To be certain nothing was filed, Greg then went to the Orange County District Attorney’s Office in the courthouse as well.  The clerk in the District Attorney’s office looked at the citation and commented that she did not believe the prosecutor’s office could have prosecuted our client anyways because she could not read our client’s name or date of birth, driver’s license number, or address to send a letter advising when a new arraignment date would be. 

She then issued Greg a proof of appearance, commenting that she believed our client would not face a criminal complaint due to the police officer’s poor penmanship.

We offer this unusual summary as an example of how human error can factor into our criminal courts, much to the defendant’s benefit.