Underage Open Container Pink Summons
Hey, I'm not sure who to come to already so I'm trying expertlaw... I got a pink summons for drinking in public but not an underage drinking summons even though I'm only 17 a while back and my court day is in 2 days and I really need some advice. Does anyone with experience of going to court for a drinking in public summons know what happens to you? I'm going without a parent or a lawyer, and I want to how does the whole process go? How much money should I bring? Would 50$ be enough? The summons was 25$. And will it be dismissed or will I have to do community service / probation? Btw it's the courthouse on 346 Broadway in New York City.
Re: Underage Open Container Pink Summons
We're talking about a charge under New York City Administrative Code, Section 10-125? And no other charge?
Quote:
Quoting New York City Administrative Code § 10-125. Consumption of alcohol on streets prohibited.
a. Definitions. Whenever used in this section, the following terms are defined as follows:
1. Alcoholic beverage. Any liquid intended for human consumption containing more than one-half of one percent (.005) of alcohol by volume.
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.
c. Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this section.
d. Nothing in this section shall be deemed to prohibit the consumption of an alcoholic beverage in any duly licensed establishment whose certificate of occupancy extends upon a street.
e. Any person who shall be found to have violated any of the provisions of this section shall be punished by a fine of not more than twenty-five dollars ($25) or imprisonment of up to five (5) days, or both, or pursuant to the provisions of the family court act of the state of New York where applicable.
Note,
Quote:
Quoting Plea by Mail Program
Effective July 1, 2004 individuals who receive a Criminal Court Summons citing a violation of Section 10-125 (2b) of the N.Y.C. Administrative Code- “Consumption of Alcohol on Streets Prohibited” ( also known as “Open Container Violation” or “Consumption of Alcohol in Public”) are eligible to plead guilty and pay a $25 fine by mail. This program is available to persons charged with this petty offense only, and only if no other summonses are issued to the individual at the same time.