Legal Question in Administrative Law in New York
Court Summons for open container
A friend of mine received a court summons in new york city for having an open container of alcohol in public. At the bottom of the summons the officer did not have him sign it where it says ''I acknowledge receiving this summons.'' Then after the officer gavwe him his copy of the summons he told him to ''finish the beer and throw the bottle away after he was done.'' Is this allowed? And what about now having the person sign the summons?
2 Answers from Attorneys
Re: Court Summons for open container
It sounds as if your friend got caught up in a drive on police officers for more productivity.
However, having an open container of alcohol is a violation and failure to appear on the return date will likely result in an arrest warrant being issued.
If he is stopped for a motor vehicle violation and they run his license, he will probably be arrested on the outstanding warrant.
Have him go to court, plead not guilty and take a chance that the cop doesn't show up. That should result in a dismissal of the charges. If not, raise the other issues at trial. You might get lucky.
Re: Court Summons for open container
Failure to sign the ticket is a technical failure of the informational document (the ticket). However, that may not cause the judge to rule in your friend's favor. Pleading innocent will require the prosecution prove the prosecution's case. If the officer shows up, he will do everything necesssary to prove the case. However, if he does not show, then the case will be dismissed. good luck! You are welcome to a consultation at no fee at my offices at 42 west 44th st, ny,ny. Please call for an appointment first - 646-591-5786
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
