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  1. #1
    Join Date
    Dec 2007
    Posts
    3

    Default Open Container Summons in New York

    I was fined with an open alcohol container summons earlier today at 1:00AM (last night) in Manhattan.

    I am worried of what effect this may have on my record considering I had a DWI(impaired) recently(particularly that I'm a med student).

    Do I lose anything trying to fight it?

    What actually happened: I was on my way to a "get together" last night and a guy came from that party to meet me by the train to show me the way to the party. He carried with him a bag which I found out later had vodka in it...As we approached the building my friends were outside waiting and they saw what happened. He left the bag outside of the building and as we were entering, a police van pulled up and asked for our IDs. They told us that we are both getting 25 dollar summons. The guy(who picked me up) says he's 20 and his dad is a cop. They talked to his dad on the phone and let him off the hook. Now my fine is ~doubled to $45. For the record, I'm 22 and had no part to what went on. They didn't even look inside the bag(it was tied closed). After I argued that it's closed they had me open it and it was half way full but still the bag was closed.

    Ticket mistakes: He wrote the wrong street #.....this incident occurred on 350 W43rd st, He wrote 350 W45th(which I dont think exists) and I have people that can testify 43rd st.

    He also wrote the wrong number for my zip code of residence. He wrote something that looks like either 1039 or 10301...It's actually 10309.



    Is there any smart way to approach this? I'm planning to send in my "not guilty"plea tomorrow afternoon. I have 48 hours to send it out.


    Thanks for your time.

    Also,

    The cop did Not have me sign on the bottom

    He wrote in his last name(where it requested his full name)

    Did not specify brand ... just wrote "Alcohol - open container"
    is it true the judge is likely to dismiss just on the grounds that brand was not specified?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Open Container Summons in New York

    This is a citation for a violation? Or is this a misdemeanor ticket? What specific statute or ordinance is mentioned?

    Minor clerical errors don't count for much. The non-identification of your liquor brand means nothing.

  3. #3
    Join Date
    Dec 2007
    Posts
    3

    Default Re: Open Container Summons in New York

    Well seems like a citation...How could it possibly be a misdemeanor?? I hope not. Are there any grounds for misdemeanor?

  4. #4
    Join Date
    Dec 2007
    Posts
    3

    Default Re: Open Container Summons in New York

    it said 10-125 (2b) on the ticket.

  5. #5
    Join Date
    Feb 2008
    Location
    New York
    Posts
    10

    Default Re: Open Container Summons in New York

    it's a violation. a local city ordinance. basically a parking ticket

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