That's the entire problem with all these stupid laws being interpreted on the streets however it needs to be to issue a citation.
If he decides he can't afford to defend himself he'll plead guilty to a lesser charge, and that will be on his record.
Heck even the charge will show up on his record on some background checks no matter how it turns out.
That is the problem, it should not be on his records and he should not have to “pay” for something that should have never been issued. It is not JUST, it is WRONG.