Criminal Law Questions? Ask a Criminal Lawyer.
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Generally the date is a correctable offense
what does that mean correctable ?
I meant a correctable mistake.
ok if i am found guilty . will this go on my record ?
It mean that generally it would not void a summons. I am assuming that you received a "pink" summons that has a court date?
What is the offense that is listed on the summons?
not the date, but the offense, or statute number that you have violated?
Consumption of Alcohol Beverage (beer) in public.
give me one second.
sec10.125 sub 2b
This took place in NYC? Correct?
Does your ticket requires you to go for a hearing before the environmental control board?
No . It requires me to summon to appear in criminal court.
Well, this is an administrative code violation and violation is not a criminal offense. If found guilty you can be fined $25 and/or sentenced to up to 5 days in jail (which hardly ever happens)
As far as the record, this might come up as a violation, but as I said it is not a criminal offense.
My reason for saying this is am in a custody hearing for my daughter with her mother. can this offense work against my credibiltiy as a stable parent ?
It should not, however you do not want them to use it to advance a claim that you are a drunkard.
It would be a long shot for your daughter's mother, absent other supporting evidence. She might never even find out about this incident.
I am confused . How can they advance a claim ?
Well, we are crossing over into family law, and we have a category here which specifically deals with family law question. I can only tell you that during custody battles people would accuse each other of anything they can think of and then some...
ok . I understand. I guess why I asked is that some years before i had a violation with urinating in public. I did not want to add this to the list. will i face any jail time?
99.99 percent no jail time, unless you manage to really piss the judge off. That is the only time I had ever seen someone going to jail for a couple of days for this.
Also keep in mind you do not have to plead guilty to this summons.
Were you intoxicated at the time when this happened?
If i do not plead guilty . Do i have a chance to beat the summons.
No i was not intoxicated . very much sober.
Well, possession of an open container creates a rebuttable presumption that you were going to consume it as well. Here is the ordinance:
§ 10-125 Consumption of alcohol on streets prohibited. a. Definitions. Whenever used in this section, the following terms are defined as follows: 1. Alcoholic beverage. Any liquid intended for human consumption containing more than one-half of one percent (.005) of alcohol by volume. 2. Public place. A place to which the public or a substantial group of persons has access including, but not limited to, any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park or beach located within the city except that the definition of a public place shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within their own private property. Such public place shall also include the interior of any stationary motor vehicle which is on any highway, street, road, parking area, shopping area, playground, park or beach located within the city. b. No person shall drink or consume an alcoholic beverage, or possess, with intent to drink or consume, an open container containing an alcoholic beverage in any public place except at a block party, feast or similar function for which a permit has been obtained. c. Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this section. d. Nothing in this section shall be deemed to prohibit the consumption of an alcoholic beverage in any duly licensed establishment whose certificate of occupancy extends upon a street. e. Any person who shall be found to have violated any of the provisions of this section shall be punished by a fine of not more than twenty-five dollars ($25) or imprisonment of up to five (5) days, or both, or pursuant to the provisions of the family court act of the state of New York where applicable.
So generally if you did not drink it or did not intend to drink it, you can always argue your case before the judge.
Do you have any related follow up questions?
no . your fee is $30 corrrect ? do you think i need to retain a lawyer ?
yes when you accept your answer part of the $30 that you have deposited will be forwarded to me. As far as getting an attorney to handle this, I would recommend that you consult with a local attorney who is offering free consultation and can tell you upfront what it would cost you to fight it and what your chances are at succeeding.
ok . Thanks for all of your help.