open container in public?

[bmx311]

What is the name of your state? New York, Buffalo

Last night I was going to a club w a coupel of my buddies we got outta the cab and a cop was right there. We each had an open keystone light in our hand. I am 20, my friend is 19. We got a ticket that states:

In Violation of Chapter 69 Sec 1 + 2 of the Code of the City of Buffalo, New York.

Then in his own writing under "Factual Part":

did have in his possession a 12 oz. can of keystone light beer that was open and partially consumed.

It says I have 10 calender days to respond. I just would like to know

1) exactly what violation it is/is it 2 bc of sec 1 and 2. i couldnt find anything on the internet regarding it.

2) is this something i can just pay and be done with like a parking ticket or is this something that will be on my permanent record and i should hire a lawyer?

thanks.

[Raptoer]

It will be on your record.

From The NY legislature page

the court may impose a fine not exceeding fifty dollars and/or completion of an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law and/or an appropriate amount of community service not to exceed thirty hours.

[url]http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS[/url]

It is javascript based so I can't give you an exact link, but it is under ABC Article 5, number 65, probably section C.

I'm not certain if the two sections count as two different violations. I believe that they do not.

I personally doubt that you will NEED a lawyer. It is more like you go in, you plead guilty, they fine you and give you community service. You don't get drunk in public again until you're 21 (hopefully)

[CavemanLawyer]

Raptoer, he was not charged under the alcoholic beverage code or under any other state law. If he had been he probably would have been arrested. The citations that the poster listed are city ordinances just for having an open container. He could have been issued it even if he were over 21.

These violations are punishable by a fine only and yes they will go on your record, but they are basically akin to a speeding ticket. See what kind of offer you are given but its no big deal to plead guilty to something like this. You were cut a substantial break by the officer. You could have been charged under the law that Raptoer cited which is much worse.

I can't find Buffalo's city ordinances online either. The two sections you violated could be having an open container in a vehicle (definitely a violation) and having an open container within city limits (don't know if Buffalo does this.) Or maybe one violation was for consuming the alcohol in public, or on some other kind of prohibited place. Regardless, they could charge you with both, but probably wouldn't.

[Raptoer]

Oops, sorry.

[bmx311]

Yeah thanks.. my friend spoke to his friend which is an ADA of buffalo and he said its bs, equiv. to a speeding ticket and just pay it and be done which I think I'm just going to do.. it's only 52 bucks neway.