Open Container Ticket in a Parked RV in NYC
My question involves criminal law for the state of: New York
A few weeks ago I was in an RV parked on the street in Bushwick drinking a beer. An officer had come to a nearby party for a noise complaint. As one girl was leaving the RV (no alcohol in hand) one of the officers told her that she needed to line up. The other officer told us that we were not allowed to drink in the RV and made us all line up and took our IDs. He gave us all open container summonses including three girls who were not drinking (they were just sitting in the RV.)
He said that b/c the RV was in "Public View" IE there were no curtains that we were not allowed to drink in it and that even included the people just sitting in it. The RV was not on. The keys were not in the ignition and there was no one sitting in either the driver or passenger side of the front.
This just doesn't add up to me but I cant seem to find any information about this specific situation...Can you get an open container in a Motor Home? What about the girls who weren't drinking? Do they get a ticket just for sitting next to me? I would like to add that I am of legal drinking age.
We were written up for: Section 10-125 SUB 2B
2. Public place. A place to which the public or a substantial group of
persons has access including, but not limited to, any highway, street,
road, sidewalk, parking area, shopping area, place of amusement,
playground, park or beach located within the city except that the
definition of a public place shall not include those premises duly
licensed for the sale and consumption of alcoholic beverages on the
premises or within their own private property. Such public place shall
also include the interior of any stationary motor vehicle which is on
any highway, street, road, parking area, shopping area, playground, park
or beach located within the city.
b. No person shall drink or consume an alcoholic beverage, or possess,
with intent to drink or consume, an open container containing an
alcoholic beverage in any public place except at a block party, feast or
similar function for which a permit has been obtained.
Re: Open Container Ticket in a Parked Rv in NYC
Ummmm, I think this was obvious.
Quote:
Such public place shall
also include the interior of any stationary motor vehicle which is on
any highway, street, road, parking area, shopping area, playground, park
or beach located within the city.
Re: Open Container Ticket in a Parked RV in NYC
As you just quoted, "Such public place shall also include the interior of any stationary motor vehicle which is on any highway, street, road, parking area, shopping area, playground, park or beach located within the city."
If some of the occupants of the vehicle believe they can convince the prosecutor that, although they had access to alcohol and others were drinking around them, they were not themselves drinking and should not be charged based upon a theory of constructive possession, they have the right to attempt to do so. If the officer spotted only one open container of alcohol in the vehicle, and it was clearly yours, their argument should be stronger than it would be if there were enough (or more than enough) open cans, bottles, etc., for everybody in the vehicle.