Arrested for Open Container

[NYer820]

My question involves criminal law for the state of: New York

Over the weekend I was visiting a friend at a New York College. I walked out of a party with an open beer can and was promptly confronted by a cop. He brought me away to an open area, started asking me all sorts of questions and asked for my ID. I gave it and he saw that I was 21. Then he started questioning the people I was with.

After this, he handcuffed me for no apparent reason and put me in the back of his police car. He gave me no explanation for why. I was being 100% compliant the entire time. Then he drove me to the station and made me wait a long time in a room by myself. Eventually he came in, undid one side of the handcuffs and handcuffed me to the chair. Then he talked some more, saw I was completely compliant, and eventually undid the handcuffs. Then he talked a while longer, eventually gave me back my stuff (he had taken my cell phone, my wallet and my keys). He eventually let me go when my friend came to get me but was planning on making me sleep in the holding room if my friend never came. He even brought me another chair so I could lie down on three chairs all night.

My question is this... is there anything I can do about this ridiculous behavior? I understand the citation and accept that. The cop told me I had not been arrested, but it sure felt like it. How is this acceptable?

[Mr. Knowitall]

Whatever the officer chooses to call it, you were arrested.

What's the ridiculous behavior, though? Arresting you after catching you with an open container in public?

[NYer820]

The behavior? - finding the need to take me to the station and make me stay there, handcuffed the whole time. I know people who have been issued citations for open containers before and that's all that happened. The officer wrote a citation, gave it, and let them go, no handcuffs involved. I haven't been able to find any literature on what proper action is, but I don't think this was the right way to handle it. I was not a threat to anyone, only had 5 beers at that point over the course of 2 hours, so I was not intoxicated, probably under the legal limit to drive (I wasn't driving though, did not even have a car).

[ashman165]

The behavior? - finding the need to take me to the station and make me stay there, handcuffed the whole time. I know people who have been issued citations for open containers before and that's all that happened. The officer wrote a citation, gave it, and let them go, no handcuffs involved. I haven't been able to find any literature on what proper action is, but I don't think this was the right way to handle it. I was not a threat to anyone, only had 5 beers at that point over the course of 2 hours, so I was not intoxicated, probably under the legal limit to drive (I wasn't driving though, did not even have a car).

Depending on your weight, if you had 2.5 beers per hour, you were over the legal limit to drive.

You may not have felt like it, but that's an issue of tolerance, not per se limits.

You can read your state statutes (the one listed on your summons) to see if it's an arrestable offense. If it's an arrestable offense, then he can arrest you for it.

And he did arrest you for it.

[cdwjava]

I suspect the officer felt that you were too impaired to wander about on your own. And if NY has a law similar to ours in CA, and you were not issued a citation, then you may well have been "detained" only as a result of your perceived impairment.

- Carl

[NYer820]

Whatever his issue was, he singled me out for some unknown reason. There were at least 100 students outside this party and at least 10 had open containers. I think he was trying to make a point by handcuffing me in front of everyone and at that point figured he had to make a big issue out of it.

Regardless, I think I am going to plead guilty to this and move on. Anyone have any idea what this will mean? The officer told me it would be a small fine (under $100). I suspect, though, that he might not really know or may not have told the whole truth. I cannot find much writing on this. From what I have found, people said they went to court, plead guilty, then paid a fine and left. They said it was "like a speeding ticket." This sounds nice, but am I being naive if I think it's this simple? I appreciate any advice here. I don't plan on getting a lawyer for something so small like this and I don't know any lawyers, so I'm a little lost here.

[ashman165]

Whatever his issue was, he singled me out for some unknown reason. There were at least 100 students outside this party and at least 10 had open containers. I think he was trying to make a point by handcuffing me in front of everyone and at that point figured he had to make a big issue out of it.

Regardless, I think I am going to plead guilty to this and move on. Anyone have any idea what this will mean? The officer told me it would be a small fine (under $100). I suspect, though, that he might not really know or may not have told the whole truth. I cannot find much writing on this. From what I have found, people said they went to court, plead guilty, then paid a fine and left. They said it was "like a speeding ticket." This sounds nice, but am I being naive if I think it's this simple? I appreciate any advice here. I don't plan on getting a lawyer for something so small like this and I don't know any lawyers, so I'm a little lost here.

If you read the charge you were charged with, you can just google it. It'll tell you the maximum penalty you can face and the type of crime it is. While courts usually follow agreed upon sentences (think Night Court, $50 fine, time served), they are not bound by it. So, if you're particularly special or rude or something, a judge can impose the maximum allowable by law.

You can also look up in your state gov't's website what sentencing scheme, if any, your state uses.

[BOR]

If you were say, sloppy drunk, taking you in, as Carl points out, as a safety issue, may have been along the lines of "protective custody".

Other than that, IF you were NOT, and were taken into custody, then it must be an arrestable offense, as pointed out.

I am going to assume this was a municipal ordinance rather than state law??

[NYer820]

Right, the ticket says town ordinance on it. I do not really know what that means though and how it is different from state law. I have googled it to death though and have not been able to find any information on this particular violation.

[BOR]

Right, the ticket says town ordinance on it. I do not really know what that means though and how it is different from state law. I have googled it to death though and have not been able to find any information on this particular violation.

Pay a visit to the main branch of your city public library, they should have the Municipal Charter and Code, call ahead to verify. OR it could be online. Many cities post thier laws online now.

Say NY state has an open container law, the city ordinance would be substantially similar, so try to see if NY state has one also. NY may not have one on a state level though, as it would be left to the Home Rule municipality.

Your city clerk of courts webpage, if they have an official one, may have a money fine schedule posted also??