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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16378
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was given a ticket by an MTA police officer on the request

Resolved Question:

I was given a ticket by an MTA police officer on the request of a LIRR trainman for Impairment by Alcohol and brought to Jamaica Hospital Medical Center Emergency Room to sit it off for a half hour or so. My court appearance is on November 15, 2013. What is the maximum sentence I can get? How much would it be to hire a lawyer to represent me?
Thank You
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.
Hi,

Thanks for requesting me. Here's the relevant part of the statute under which you have been charged:

Section 1097.5 Prohibited uses.

No person in a terminal, station or train shall:

a. Block free movement of another person or persons, lie on the floor, platforms, stairs, or landings, or occupy more than one seat;

b. Create any unreasonable noise by any means. Use of radios and other sound-producing devices on trains must be accomplished by means of headphones or earphones and must be inaudible to others;

c. Throw, drop or cause to be propelled any object, projectile or other article at, from, upon or on a facility or train;

d. Drink any alcoholic beverage or possess any opened or unsealed container of alcoholic beverage, except in premises or areas allowing the sale or consumption of alcoholic beverages, such as on trains or platforms or in bars or restaurants;

e. Consume any controlled substance in any part of a terminal or station, except pursuant to valid prescription;

f. Enter or remain in a terminal, station or train while his or her ability to function safely in the environment of the terminal, station or train is impaired by consumption of alcohol or by the taking of any controlled substance;

The penalty is a maximum fine of $50 and/or 30 days in jail. It would appear that it is a violation rather than a crime and the worst case scenario is probably the fine unless there's something highly unusual abou tthe case. But it would be better to get the matter dismissed altogether or adjourned in contemplation of dismissal. A lawyer could help you get that done.

For the going rate in your area, contact the NYS Bar Association's lawyer referral service. It should be fairly inexpensive -- in the hundreds as opposed to thousands -- as it would be rare for something like this to require more than one court appearance.

Customer: replied 11 months ago.

Thank you.


 


I was coming home early on the train from a night on the town. This is the first time I've been in this situation on the LIRR since 1995. I'll make sure it doesn't happen again.


 


If I don't get a lawyer, can I still get the matter dismissed?

Expert:  Zoey_ JD replied 11 months ago.

Hi Christopher.

Sorry for the delay. I went out to do some shopping.

It's hard to say. It's a public policy type of offense that's not very serious, but it all depends upon who the judge is. Generally, the county wants the revenue. Call a local lawyer. If he has any integrity and thinks you aren't going to need him, he'll tell you.

 

You can't hurt yourself badly being without one. The court will either pitch it or offer you a deal. If the latter ask if he can adjourn it in contemplation of dismissal. That's a delayed dismissal and something that doesn't involve pleading guilty. If he says no, ask if the deal that is being offered will give you a criminal record and if the judge says no, it's safe to resolve it yourself. Your fallback position if anything turns weird on you is to ask for a continuance to return with a lawyer.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16378
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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