Open container(summons in NYC)

[0p3ns0urc3s]

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.

I know. So I said "if." OP doesn't have to tell us. We can still look at possibilities and help that way.

 

[quincy]

I know. So I said "if." OP doesn't have to tell us.

If we are to provide useful advice, we need to know the facts. If Help2025 wants more than some dude tossing out links to laws that may not have any relevance, more information is needed.

 

[0p3ns0urc3s]

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?

I know... but OP didn't say he refused to let the officer look and it might have been in plain view. We don't know.

I don't want the OP to incriminate themself online.

And OP shouldn't say anything else on this post. It can and will be used against you! One day in prison is steep!

 

[0p3ns0urc3s]

If we are to provide useful advice, we need to know the facts. If Help2025 wants more than some random dude tossing out links to laws that may not have any relevance, more information is needed.

Help2025 said we helped!
I hope they don't provide any more facts.

Help2025:
Please get a private legal consultation with an attorney versed in open container and public drinking laws. Hopefully you can find something free.

 

[quincy]

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

State Massachusetts:
https://ecode360.com/11470538

Opensource, for what reason do you keep posting links to laws that do not appear to have any relevance? Please stop.

 

[Help2025]

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

Op i was walking from from the private seating i was were i consumed half , the bottle of water was emty. the juice bottle had some juice they did not even look or touch then there was also

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.
[/QUO

thank you very much . i was no where near a car or something moving . i guess i had one of those days .

 

[quincy]

Opensource, please let Help2025 answer the questions asked of him/her. Your posts are not helpful.

Op i was walking from from the private seating i was were i consumed half , the bottle of water was emty. the juice bottle had some juice they did not even look or touch then there was also

Why did the officer approach you?

 

[0p3ns0urc3s]

Op i was walking from from the private seating i was were i consumed half , the bottle of water was emty. the juice bottle had some juice they did not even look or touch then there was also

I hope that I am being helpful to you.
Answer whatever you want but please don't incriminate yourself online. Nothing is truly private online. Consult an attorney based on the state where the Summons was from.

I wish you the best.

 

[quincy]

Opensource, for what reason do you keep posting links to laws that do not appear to have any relevance? Please stop.

The post above ^^^ was reported by Opensource for moderator review.

 

[0p3ns0urc3s]

Why did the officer approach you?

Help2025 specifically told me, "thank you very much." I'm being helpful.

I reported your post because you don't explain why the links are irrelevant. It's not constructive feedback. It comes off to me as baseless, an insult.

 

[quincy]

Help2025 specifically told me, "thank you very much." I'm being helpful.

I reported your post because you don't explain why the links are irrelevant. It's not constructive feedback. It comes off to me as baseless, an insult.

There has been absolutely nothing said about being cited for consumption of alcohol in public. Your links are not helpful but rather can confuse a poster looking for legitimate advice.

 

[Just Blue]

Help2025 specifically told me, "thank you very much." I'm being helpful.

I reported your post because you don't explain why the links are irrelevant. It's not constructive feedback. It comes off to me as baseless, an insult.

Read the TOS of this site.

Know that reporting a member simply because you don't like what they say to you (Quincy was not insulting BTW) will not endear yourself to the Admin of this site.

 

[Just Blue]

IMPORTANT NOTICE
FreeAdvice.com has been providing millions of consumers with outstanding information and "advice" free since 1995 with thousands of professionally prepared and reviewed articles, questions and answers in more than 100 categories in the Question and Answer pages at FreeAdvice.com. THE VIEWS EXPRESSED ON THIS AND OTHER FORUM PAGES WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM and are provided AS IS. The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting on the Forums or the identity or qualifications of any person asking questions or responding on the Forums. Use of the Forums is subject to our Disclaimer and our Terms and Conditions of use which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum is never a substitute for personal advice from an attorney licensed in your jurisdiction you have retained to represent you.

 

[0p3ns0urc3s]

Read the TOS of this site.

Know that reporting a member simply because you don't like what they say to you (Quincy was not insulting BTW) will not endear yourself to the Admin of this site.

I wanted an explanation, constructive criticism. Quincy's replies seem to be baseless insults which is also against the TOS.

Funnily enough, I'm the only one Help2025 thanked!