Open container(summons in NYC)

[Help2025]

Hi guys, i was walking from the store and an officer approached me and put hes hand on a carryon bag i had and found an open container. and cited me with and open container charge . i am expected to be in court in 2 weeks . i really think i did not deserve the charge .please kindly advice me . am not a nuisance. i dont know how hes day was but please some advice on this petty offence is helpfull.

What is the name of your state? Massachuseets

 

[0p3ns0urc3s]

Hi guys, i was walking from the store and an officer approached me and put hes hand on a carryon bag i had and found an open container. and cited me with and open container charge . i am expected to be in court in 2 weeks . i really think i did not deserve the charge .please kindly advice me . am not a nuisance. i dont know how hes day was but please some advice on this petty offence is helpfull.

What is the name of your state? Massachuseets

Not an attorney here.
Typically, you have to have the container in a vehicle. So walking is a defense. Also, if the container was empty then that's a defense because typically the container has to have alcohol in it. Empty alcohol bottles mean nothing. How the heck could people clean up after parties, even taking the garbage out would qualify?! This is ludicrous!

I don't even know why you got cited, truly. Truly. Does this cop dislike you for some reason?

I'm sorry this happened to you.

 

[Just Blue]

Hi guys, i was walking from the store and an officer approached me and put hes hand on a carryon bag i had and found an open container. and cited me with and open container charge . i am expected to be in court in 2 weeks . i really think i did not deserve the charge .please kindly advice me . am not a nuisance. i dont know how hes day was but please some advice on this petty offence is helpfull.

What is the name of your state? Massachuseets

Did you have an open container of alcohol in your carryon bag? If so, why do you feel like you "don't deserve" the charge?

 

[0p3ns0urc3s]

Not an attorney here.
Typically, you have to have the container in a vehicle. So walking is a defense. Also, if the container was empty then that's a defense because typically the container has to have alcohol in it. Empty alcohol bottles mean nothing. How the heck could people clean up after parties, even taking the garbage out would qualify?! This is ludicrous!

I don't even know why you got cited, truly. Truly. Does this cop dislike you for some reason?

I'm sorry this happened to you.

Also, I think this is the statute that matters here: https://www.nysenate.gov/legislation/laws/VAT/1227

 

[Just Blue]

Not an attorney here.
Typically, you have to have the container in a vehicle. So walking is a defense. Also, if the container was empty then that's a defense because typically the container has to have alcohol in it. Empty alcohol bottles mean nothing. How the heck could people clean up after parties, even taking the garbage out would qualify?! This is ludicrous!

I don't even know why you got cited, truly. Truly. Does this cop dislike you for some reason?

I'm sorry this happened to you.

All you have posted is incorrect. Please stop "advising" on other thread unless you have taken the time to actually look up the state statutes.

And OP said nothing about the btl being empty.

 

[0p3ns0urc3s]

All you have posted is incorrect. Please stop "advising" on other thread unless you have taken the time to actually look up the state statutes.

And OP said nothing about the btl being empty.

I found this one too:
https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-6177

 

[0p3ns0urc3s]

All you have posted is incorrect. Please stop "advising" on other thread unless you have taken the time to actually look up the state statutes.

And OP said nothing about the btl being empty.

No it's not.

All you have posted is incorrect. Please stop "advising" on other thread unless you have taken the time to actually look up the state statutes.

And OP said nothing about the btl being empty.

Please comment to OP and not me. I said "Typically." Thanks.


§ 10-125 Consumption of alcohol on streets prohibited.
https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-6177

This is your statute OP. If the container is empty then that's a defense. Potentially walking to a car from a party or whatever in 2(b) is another.

 

[quincy]

Help2025, how old are you? What (if anything) were you doing to attract the officer’s attention?

 

[Just Blue]

No it's not.

Please comment to OP and not me. I said "Typically." Thanks.


§ 10-125 Consumption of alcohol on streets prohibited.
https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-6177

This is your statute OP. If the container is empty then that's a defense. Potentially walking to a car from a party or whatever in 2(b) is another.

Did you actually read what OP stated in the opening post?

Help2025
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28 minutes ago

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Hi guys, i was walking from the store and an officer approached me and put hes hand on a carryon bag i had and found an open container. and cited me with and open container charge .

 

[quincy]

Tossing out links to random laws is not helpful, Opensource.

 

[0p3ns0urc3s]

Did you actually read what OP stated in the opening post?

Yes, he was walking from the store. Where was he before the store? Did he buy the alcohol at the store? We don't know.
Was the bottle empty? We don't know.

 

[Help2025]

hey guys thanks alot for all the contribution.

 

[0p3ns0urc3s]

Tossing out links to random laws is not helpful, Opensource.

I found the open container law and the street consumption law. Which law is random?

 

[Just Blue]

hey guys thanks alot for all the contribution.

Would you please clarify what happened and what you were cited for (code #) ?

 

[quincy]

Yes, he was walking from the store. Where was he before the store? Did he buy the alcohol at the store? We don't know.
Was the bottle empty? We don't know.

We don’t know more than we do know. Until blanks are filled in, there is no way to tell if there is any defense to the charge. Was the search of the bag legal?