Summons in NYC for Open Container, Littering

Hello everyone.

A few days ago, while visiting NYC with some friends, I was given two summons by police; one for an "open container of alcohol," and the other for "littering." The date by which I must appear is July 13th, but I plan on getting these out of the way sometime in mid-June.

Firstly, is anyone aware of how much the charges for these run? I was told by the police officer at the time that it would be around 45-50$ total, but looking up charges online I found a site saying that littering charges in NYC are now doubled... so I don't know who to believe (if it matters, I was issued these summons in Brooklyn).

Despite this, I would like to contest the charges, but I am unsure exactly what will come of it if I do. The events surrounding these summons are fairly straightforward. I was at a house-party with my friends when the cops pulled up. I had not been drinking, as I don't drink (not to mention I'm only 20). While the cops were searching the crowd, someone in front of me knocked over a bottle of beer. It began to spill over the pavement and my initial instinct was to reach down and set it up straight (which I did), at which point a police officer addressed me and said that the beer bottle was mine, and that he saw me touch it. I tried contesting the accusation by simply stating that I hadn't been drinking, the bottle wasn't mine, and I had only picked it up because someone had knocked it over. Despite this, he insisted on giving me the two summons.

Given the somewhat hefty charge (50$ is a lot for a college kid :(), I would like to somehow reduce those charges or get them dropped, but I imagine this would be problematic. If I were to contest the charges at my summons, the judge would then set a later date for an actual trial. I have no legal experience, and, unless the trial was that afternoon, I would have no way of staying in the city (to clear things up: I attend college in Vermont and plan on flying out of New York City to go home; I was hoping to get a late flight out of JFK, arrive early that morning in NYC, get my summons out of the way, and then fly out that night). What, exactly, are my choices? I hate the idea of "admitting" to crimes that I didn't commit, and I have numerous friends who were at the party who are willing to testify that I was not drinking, that the beer was not mine, and that I had not been littering.

Any help would be greatly appreciated!

Ask the court what the fines will be.

I doubt that you will get the charges dropped without going to trial.

Are these "civil infraction"-type tickets, as opposed to criminal offenses?

Mr. Knowitall,

Thanks for your response. The pink slips given to me are simply labeled "Summons" at the top.

I forgot that I could just call them up and ask them about the fines... :rolleyes:

However, at the bottom of both of these summons is an area where it appears the police officer was supposed to get me to sign, but never asked me to. The exact text above the place where the signature would be is:

"I acknowledge receipt of this summons. I understand it is my responsibility to read and comply with the instructions on my copy, and that my signature below is not an admission of guilt."

Wouldn't me not signing this essentially make the summons void? :confused:

The lack of signature means you have not expressly acknowledged receipt of the tickets and have not expressly promised to appear. The lack of a signature won't affect the validity of the ticket.

Aaron:

Given the wording of the first clause of the sentence ("I acknowledge receipt of this summons"), wouldn't it be inferred that because I hadn't signed it, it's possible that I was never actually given the summons in person? I'm guessing that the legalities of the matter don't necessarily follow what I would consider to be the logistics of it.

Your signature would be evidence that you received the ticket, but its absence is not evidence that you did not.

That doesn't seem logical. If they use the signature to make sure a person who is charged with a summons receives said summons, but they don't care if the person signs it or not, what's the point of having someone sign it in the first place? Furthermore, previous conversation aside, what proof do the courts have that I ever received the summons in the first place?

The officer can testify that you received it. That's plenty.

I was reading up online about NYC summons and came across this website:
http://answers.google.com/answers/threadview?id=117360

On it, various people have been saying something to the effect that if the brand of alcohol, and percentage of alcohol, is not listed on the summons, it's void. Does anyone here have any information pertaining to this?

Additionally, would this be the same case with my littering summons? The officer simply wrote "littering" under the "description of criminal court offense," with no other information.

The police officer also did not list his full name under the "complainant's full name"; he simply put "cruz."

Also, I'm not sure if I've asked this yet, but as far as contesting the charges: is the court date always set later than the date you come in for the summons? In other words, if I go in on the 15th of May and contest the charge, would it be possible to have my trial then and there, or do I have to wait?

I apologize for all these questions; I'm just trying to save some money!

Anyone...?:confused: :(