Open container

[jates1124]

What is the name of your state (only U.S. law)? NY

I'm 19, college student, and I was walking from one house to another with an open beer can (i know, stupid). A cop pulled me over and wrote me a ticket for open container, no underage ticket, or drinking ticket. Only an open container ticket. Should i try and fight it in court or should I plea guilty? Right now I am considered pleading not guilty, representing myself, but I do not think I want to go that route. It is only a city ordinance violation and the officer that gave me the ticket said it was basically a parking ticket, but at my first court date it seemed a lot more intense and I am a little worried. If anyone has any help that would be great.

 

[quincy]

What is the name of your state (only U.S. law)? NY

I'm 19, college student, and I was walking from one house to another with an open beer can (i know, stupid). A cop pulled me over and wrote me a ticket for open container, no underage ticket, or drinking ticket. Only an open container ticket. Should i try and fight it in court or should I plea guilty? Right now I am considered pleading not guilty, representing myself, but I do not think I want to go that route. It is only a city ordinance violation and the officer that gave me the ticket said it was basically a parking ticket, but at my first court date it seemed a lot more intense and I am a little worried. If anyone has any help that would be great.

Are you in New York City, or outside the City?

You have been to court once already for this ticket?

 

[HighwayMan]

You got pulled over while WALKING?

 

[quincy]

You got pulled over while WALKING?

I am confused, as well (but New York laws always confuse me).

It is possible that jates1124 was ticketed for an open container while walking if he was ticketed in New York City under New York Code Section 10-125. My understanding is that this is generally a $25 ticket payable online.

See NY ADC Law §10-125: http://codes.lp.findlaw.com/nycode/ADC/10/1/10-125

And also see: http://www.nycourts.gov/courts/nyc/criminal/specialprojects.shtml

Outside the City, it appears that Open Container is a state charge involving an open container of alcohol in a vehicle.

Perhaps, jates1124 will return to explain.

 

[HighwayMan]

It would certainly help to know if the OP was charged under the NYC Administrative Code or some other local ordinance. There is no state statute prohibiting open containers of alcohol under the Alcoholic Beverage Control law. There is a section under the Vehicle and Traffic law prohibiting open containers of alcoholic beverages inside of a motor vehicle.

Every city/town/village that I work in seems to have their own statute dealing with open containers.

 

[jates1124]

I was walking on the sidewalk in Niagara Falls with an open container of beer and a cop pulled up and wrote me a ticket.

 

[quincy]

I was walking on the sidewalk in Niagara Falls with an open container of beer and a cop pulled up and wrote me a ticket.

What wound up happening?

 

[jates1124]

I have to go to my second court date on the 27th. They have me as pleading not guilty but i don't know if I should just plead guilty or not. What do you guys think I should do?

 

[quincy]

I have to go to my second court date on the 27th. They have me as pleading not guilty but i don't know if I should just plead guilty or not. What do you guys think I should do?

No one here can tell you what you should or should not do, jates1124. Although some of your neighboring cities have open container ordinances that can be ticketed with fines up to $50 and up to 15 days in jail, a police officer I spoke to very briefly in Niagara Falls did not "believe" jail time was a component of the Niagara ordinance and he did not know the ordinance number offhand and I have had no success locating the ordinance (apparently the city ordinances are not available online?).

Whether jail is a factor or not could make a difference in what you decide to do - although I am not sure you have much defense to this ticket which could make it worth fighting. Perhaps one of our New York forum members (HighwayMan, YAG) might know better.

What is the ordinance number on your ticket? Have you been able to consult with an attorney in your area? You might want to call one just for over-the-phone clarification of the possible consequences of pleading guilty.

 

[jates1124]

The ticket I received was for City Ordinance 714.02. I don't know if that helps at all

 

[jates1124]

It would certainly help to know if the OP was charged under the NYC Administrative Code or some other local ordinance. There is no state statute prohibiting open containers of alcohol under the Alcoholic Beverage Control law. There is a section under the Vehicle and Traffic law prohibiting open containers of alcoholic beverages inside of a motor vehicle.

Every city/town/village that I work in seems to have their own statute dealing with open containers.

It was City Ordinance 714.02 in Niagara Falls. Hopefully this helps. I am worried about the whole thing, and I would just like some clarity on everything. If you knew of the potential disciplinary actions that would be very helpful. The police officer told me it would be no more than a fine. He said it was basically a parking ticket, but all of this talk of jail time has me feeling very anxious and worried. Thank you.

 

[quincy]

It was City Ordinance 714.02 in Niagara Falls. Hopefully this helps. I am worried about the whole thing, and I would just like some clarity on everything. If you knew of the potential disciplinary actions that would be very helpful. The police officer told me it would be no more than a fine. He said it was basically a parking ticket, but all of this talk of jail time has me feeling very anxious and worried. Thank you.

The officer I spoke with suggested it was an offense that carried only a fine, as well, but you might get clarification by asking an attorney in your area. A quick call to one could provide you with a faster response than you might get here - especially since the city ordinances are not yet available online - unless YouAreGuilty or HighwayMan can access the ordinance.

Thank you, by the way, for providing the ordinance number. It apparently does not help me but it might be helpful to others.

 

[single317dad]

I found this page which seems to address open containers in public, but the code section is different and may be the wrong information for OP's case:

http://ecode360.com/9289312#9289312

Section 101-3 Prohibited Acts

It shall be a violation of this chapter for any person to:
A. Consume any alcoholic beverage in any public place within the town.
B. Have in his or her possession an open or unsealed container of an alcoholic beverage while in any public place for the purpose of consuming such alcoholic beverage by himself or herself or by another in any public place.

101-6 Penalties

Each violation of this chapter shall be punishable by a fine not exceeding $250 for each offense or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.

 

[quincy]

The difference in ordinance number could be because jates lives in Niagara Falls and the link is to the Town of Niagara, which is next door to Niagara Falls. But the ordinance for the Town of Niagara resembles the open container ordinances in the surrounding cities (although the fine is a bit higher) so the Niagara Falls ordinance could be similar if not the same.

Here for the benefit of jates is a direct link to what you provided, single317dad: http://ecode360.com/9289312

 

[eerelations]

I don't understand something - how can you plead not guilty to having an open container when in fact, by your own admission, you had an open container?