Pink (DF) and white (judge) summon's copies

[Andy2007]

What is the name of your state? NY

This is in addition to the previous post I placed. If I understand properly the all copies of the summon I received were supposed to be filled out at the same time and should be identical. I was given a pink copy with an "open container of alcohol" phrase and didn't have anything saying about alcohol brand on both sides of my ticket. I believe that all other copies should contain the same information.

If white copy of the ticket contains brand of an alcohol does it mean that it was added after the ticket was issued!? Can I use it in my trial as a defense?

Also, if I say on the trial that I'm guilty will they still charge me extra $75 processing fee?

Thanks

[Zigner]

Oh brother - first off, you should keep all your related questions to a single thread
Second - So, if your were drinking "vodka", it's somehow different than if you were drinking "Smirnoff Vodka?"

[Andy2007]

A summon should contain beverage brand, % of alcohol (more that .5%) and that it was not "block party" and I didn’t have a permit. Otherwise summon is insufficient. My question was about two copies (pink and white) and if they should be identical. If I use my pink copy for my trial there will be totally different result since it that doesn't contain an alcohol brand. I even don't need to prove that I drank vodka or something else since summon is not sufficient.

Anyway I appreciate to your comments.

Thanks

[You Are Guilty]

Originally Posted by Andy2007

A summon should contain beverage brand, % of alcohol (more that .5%) and that it was not "block party" and I didn’t have a permit. Otherwise summon is insufficient. My question was about two copies (pink and white) and if they should be identical. If I use my pink copy for my trial there will be totally different result since it that doesn't contain an alcohol brand. I even don't need to prove that I drank vodka or something else since summon is not sufficient.

Anyway I appreciate to your comments.

Thanks

You should have said this first - we had no idea how prepared you already were. Knock yourself out at the trial, tiger!

[Andy2007]

Will they charge me a processing fee if I plead guilty in trial wihtout contesting or it doesn't matter already?
Thanks

[You Are Guilty]

Originally Posted by Andy2007

Will they charge me a processing fee if I plead guilty in trial wihtout contesting or it doesn't matter already?
Thanks

You'll have to ask the court since they're the ones who impose the fines, but my guess is that they won't.

[Zigner]

Originally Posted by Andy2007

A summon should contain beverage brand, % of alcohol (more that .5%) and that it was not "block party" and I didn’t have a permit.

Ok, I'll bite - cite your source.

[Andy2007]

The people of the State of New York versus Merlin Cunninham, 727 N.Y.S.2d 281 (new York City Criminal Court, May 9, 2001) stood for the following propositions: defendant was charged with consuming alcohol in public. The Criminal Court, New York Country, Judge Analisa Torres, held that summons was facialy insufficient. Summons dismissed.

Sommons was facially insufficient for not stating every element of offense; summons didn't state that malt liquor consumed by defendant contained more than one-half of one percent of alcohol as required by statute ans also failed to allege that defendant's consumption of alcohol did not occur at block party, feast or similar function, as exception to prohibition against consumption of alcohol in public. New York City Administrative Code, 10-125 (a) (1), 10-135 (b).

In my case in was Hanniken and ticket doesn't state these element of offense.

I also thought that my copy of the summons should be 100% identical to the white copy that goes to the judge. Otherwise policement can add what they want after the fact of issuing a ticket. I was asking if I can use this as a background to use a pink copy for my case since it contains information regarding my case on the moment of issuing the ticket.


Thanks for your reply.

[seniorjudge]

The charge is the one filed with the court.

Anything you got was for informational purposes only.

[Andy2007]

Originally Posted by seniorjudge

The charge is the one filed with the court.

Anything you got was for informational purposes only.

Should the be the same? I guess I need to know what charges were filed against me with a court.

How about the prior case that was won by defendant? Does it mean that all such cases can be won by a defendant?

Thanks