Legal Question in Civil Rights Law in New York

Open container of alcohol summons questions.

I had a beer in a bag, and 2 undercover cops stopped me, asked what was in the bag and I told them. I didn't have any id, but I've them all correct info including social.

They gave me the summons and told me to finish the beer (simiar to another poster here).

They did not ask me to sign the summons.

I'm from Europe and thought the reason that the deli gave me a bad and a straw, was that its ok if the alcohol container is not visible.

The cops assured me that I would just pay a fine and would receive no record, like a parking ticket. Is this true?

I am in a immigration process and can have absolutely NO blemshes on my record. Should I plead not guilty?

If I plead not guilty, it goes to trial, and they convict anyway, will the consequences be worse that just pleading guilty now?

This is important to me and I would really appreciate any advice/info.


Asked on 6/06/04, 10:09 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Open container of alcohol summons questions.

Can't make any guarantees as for sentencing, but your infraction is relatively minor. That being said, it is illegal to consume alcohol in public, bag or no bag. The bag makes it more difficult to spot open consumption, and accordingly prosecute, but the bag does not make the consumption legal.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 6/07/04, 10:03 am


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