Legal Question in Criminal Law in New York

Having 3 beers at yankee stadium, Friend drops me home, i have 20oz all white styro cup with top and straw filled with ice and clear vod., po1(police officer 1) &po2 (police officer 2) holler at me after passing them about 50 feet(about 20 feet from home), po1 ask for my cup i said No then ask me to unlid it, i said no (he asked repeatedly, my answer was always no). He asked why not,i explained he was being disrespectful, i do not have alcohol, anything illegal or dangerous in my cup, i asked him if he would like to see id he said no, i asked wats da reason for the stop. po1 says your cup smells like alcohol(styrofoam with lid and straw).So i said its not i answered your questions you dont need my id so im going home, he then request my id and writes me open container alcohol summons. po3 & po4 arrive when po1 begins to write,po3 po4 run me for warrants.po3 said for summons i will be in and out of court not to worry he promises. I was clearly not drunk or intoxicated, more than likly it will be dismissed accoring to po3. Me, I occasionally drink in public bbqs or public festivals thats about it. How could i have better defended myself in the situation? Was the officer in his rights writing me a summons? How can a citizens

Bronx,NY cuptrouble


Asked on 5/01/10, 7:25 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

You will NOT be in and out, i am regularly in the Bronx to handle all criminal and family matters and have handled many of these summonses, generally there is a HUGE line waiting outside by 9 am already and once you get in there it may be an all day wait.

the only way to escape this would be to have your own attorney come with you and this will essentially put you ahead of the line, as they are given preference... private attorneys i mean.

Generally, on most of these cases the Judge will attempt to get you to plea to the open container and pay a fine or accept an ACD, which is essentially a six month waiting period before the dismissal... we would ask for an outright dismissal immediately.

Generally our office bills in the are of about $800 to cover such appearances. If you feel you would need our assistance contact us at 877-7000464

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Answered on 5/13/10, 6:41 am


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