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Originally Posted by Andy2007  Right now I need to go to trial. I have a couple of questions:
1. Should all copies of my summon be identical? |
Not necessarily. However, you are entitled to have copies of whatever the DA's office has, but you have to properly serve discovery demands to get them. In that it seems you know what's on the DA's copy, you might not want to waste your (and their) time, and potentially piss them off by making them copy their papers when you're looking to get their help in a plea.
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Originally Posted by Andy2007 2. Does it make sense to contest my summon or agree that I was gealty? |
Only you can decide that - we don't know you, or whether you're actually guilty. However, this ticket ranks right up there with a parking ticket in terms of importance, and the fine is generally higher if you contest it and lose (in my day, it was $25 to plead guilty, and $100 if you lost at trial). I understand the extra $75 is charged as "court costs", not as a fine.
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Originally Posted by Andy2007 3. If I plead guilty at the trial court will it affect my fine or record? |
Fine? See above (although it might have changed in the last decade or two). If, by "your record", you mean your criminal record, then, as a violation, unless you're worried about parking tickets too, it's not that big a deal. If you mean some other record (school, employer, etc.) then it depends on the specific entity you're referring to. Most (not all), probably wouldn't blink twice at this.
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Originally Posted by 10-125 § 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. |
08-15-2007, 12:59 PM
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