R
revc
Guest
I live in Amherst, NY.
I was driving home with two friends, we were pulled over for suspicion of being connected with a soda machine which was robbed down the road. My friends and I were all pulled out of the vehicle and questioned, I had two cans of beer in my pocket, my friend had a case of beer and the driver had a small bag of marijuana. The officer who questioned me told me to empty my pockets onto the sidewalk, he then patted me down and searched my pockets. The officer was very rude and very intent on finding out which one of us had pot. At one point the officer violently pulled the hat off my head and threw it down on the ground, he threatened to throw me onto the ground if I didn't answer his questions truthfully. The officer questioning the driver told him that he hoped he was going to get locked up and "****ed in the ass by a big nigger." After numerous rounds of questioning the officer told me he was writing all three of us tickets for having open alcohol containers, I told the officer that the beer I had was not open, he replied "What the **** did you just say? Shut the **** up and stay right there." The case of beer was missing several cans, but none of the remaning cans were open, the two cans in my pocket were also sealed. The officer decided to let the driver go with the bag of marijuana and released us into the custody of the driver's mother.
What I am wondering is what I can do about this. I plan on pleading not guilty and getting a public defender but I don't know what is going to happen. The crime on the ticket is as follows:
VAT Title 7 Article 33
§ 1227. Consumption or possession of alcoholic beverages in certain motor vehicles. 1. The drinking of alcoholic beverages, or the possession of an open container containing an alcoholic beverage, in a motor vehicle located upon the public highways or right-of-way public highway is prohibited. Any operator or passenger violating this section shall be guilty of a traffic infraction.
There were no open containers in the vehicle or in possession of any of my friends. I want to know if I can get into more trouble for just being in possession of alcohol after the fact or if this is the only crime I can be prosecuted for. I am worried that the officer is going to lie on the stand and get me convicted. Any advice is greatly appreciated.
I was driving home with two friends, we were pulled over for suspicion of being connected with a soda machine which was robbed down the road. My friends and I were all pulled out of the vehicle and questioned, I had two cans of beer in my pocket, my friend had a case of beer and the driver had a small bag of marijuana. The officer who questioned me told me to empty my pockets onto the sidewalk, he then patted me down and searched my pockets. The officer was very rude and very intent on finding out which one of us had pot. At one point the officer violently pulled the hat off my head and threw it down on the ground, he threatened to throw me onto the ground if I didn't answer his questions truthfully. The officer questioning the driver told him that he hoped he was going to get locked up and "****ed in the ass by a big nigger." After numerous rounds of questioning the officer told me he was writing all three of us tickets for having open alcohol containers, I told the officer that the beer I had was not open, he replied "What the **** did you just say? Shut the **** up and stay right there." The case of beer was missing several cans, but none of the remaning cans were open, the two cans in my pocket were also sealed. The officer decided to let the driver go with the bag of marijuana and released us into the custody of the driver's mother.
What I am wondering is what I can do about this. I plan on pleading not guilty and getting a public defender but I don't know what is going to happen. The crime on the ticket is as follows:
VAT Title 7 Article 33
§ 1227. Consumption or possession of alcoholic beverages in certain motor vehicles. 1. The drinking of alcoholic beverages, or the possession of an open container containing an alcoholic beverage, in a motor vehicle located upon the public highways or right-of-way public highway is prohibited. Any operator or passenger violating this section shall be guilty of a traffic infraction.
There were no open containers in the vehicle or in possession of any of my friends. I want to know if I can get into more trouble for just being in possession of alcohol after the fact or if this is the only crime I can be prosecuted for. I am worried that the officer is going to lie on the stand and get me convicted. Any advice is greatly appreciated.