Legal Question in Criminal Law in New York

how much is an open container ticket in new yorrk, but the driver wasnt drinking at all ... only the passangers. and even then they only had 2 beers


Asked on 9/25/11, 6:38 pm

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

It depends on the open container summons/ticket you received.

There are two types of Open Container violations in New York.

If you receive a pink summons for having an alcoholic beverage on the street, then the fine is usually $25 and you are required to appear in Criminal Court.

The penalties for violating the open container law in a vehicle may include fines and even jail time in some cases.

Having an open container in your vehicle when you are pulled over on suspicion of drunk driving may be used as evidence against you during trial. The open container may also give the officer cause to administer a chemical test to determine your blood alcohol content. In any event, under section 1227 of the VTL (Vehicle Traffic Law), the officer can cite you for having an open container in a vehicle. The fine is usually in the $150-$200 range in New York City, but penalties can differ in town and municipal courts.

You can learn more at http://www.OpenContainerNYC.com or by contacting me directly.

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Answered on 9/26/11, 2:06 pm


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