Legal Question in Civil Litigation in New York

Drinking in Public in NYC

I was issued a summons for dinking in public at a tailgate in private parking lot near Yankee Stadium. I went to contest the charge on 12/1/03. The charge was that I had an open container of Michelob beer. This charge is absolutely not true. The plain clothes officer that issued the summons as well as a few officers at the court house try to push you to pay $25.00. I don't feel I should pay anything especially when I did not have an open container of Michelob and I was in a private lot that charged $20.00. I pled not guilty, and was told I would be getting a letter on the mail informing me of a court date. As far as the law is concerned, what burden of proof is necessary for me to lose my case? I know that they have no proof, other than the potential BS testimony of the officer that issued the summons.


Asked on 12/09/03, 11:55 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Drinking in Public in NYC

You have a solid case. Not because you can prove you were not drinking the beer (the bs testimony will 'prove' the case for the prosecution), but because you were not on public property. You were in a private lot.

You must gather testimony (1) that you were not in a public place, but rather in the lot and (2) that whatever liquor present was neither yours, nor in your possession.

The testimony should indicate that the officers gave tickets to everyone present and not to the persons holding liquor or drinking liquor.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 12/09/03, 12:33 pm


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