Legal Question in Criminal Law in New York

Open Container in a NYC Park + Underage Possession

My friend and I were having a picnic in the park. I brought a bottle of wine. It had been opened but was completely full, recorked, and in a bag. I thought that meant it was NOT an open container. A cop spotted the neck of the bottle sticking out of the bag and issued us both summons' for having open alcoholic beverages in a public park. He said he was going to give us each two summons' because we are underage, but he didn't. He just gave us one summons' each for the open container violation.

Was I wrong about the open container law? Is a corked bottle of wine an open container? Is our being underage a factor if we weren't charged for it? Should we just assume that the cop probably won't appear in court anyway and plead not guilty?

Thanks


Asked on 2/23/04, 4:14 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

Re: Open Container in a NYC Park + Underage Possession

These summons are for violations not crimes therefore the P.O. does not appear in court when you answer the tickets. You have the option of entering a plea either to the charge or perhaps to a lessor charge,or you may plead not guilty in which case a trial date will be set up and then the P.O.will appear. FOR MORE INFO YOU MAY CALL MY OFFICE @718-834-0087 I WILL BE HAPPY TO DISCUSS IT FURTHER.

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Answered on 2/23/04, 5:53 pm


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