NYC Pink Summons 16118 Questions

I received a Pink Summons last week (Violation Code- 16118) for Public Urination in Queens County, NYC. There was no one around and it wasn't really in plain sight of anyone. The cops were in an unmarked car and must have been parked in order to have seen me. I looked up the code and 16118 seemed like it was in reference to a littering offense, not PU. I've read other people say that the code for PU is 153.09 or something along those lines. In addition, some of the information was written down incorrectly on the Summons, such as the location of the occurrence and the name of the offense- he wrote "Urining in public". I'm not sure if this has any bearing on the outcome if I try to plead Not Guilty.

Anyway, I'm concerned that this may end up being a criminal charge and go on my record. I've read that depending on the judge's ruling, if you are found guilty there could be serious consequences that may impact my ability to obtain a professional license. I may go for my NYS Teaching license at some point down the road. I've never received a Summons before and have no history of Misdemeanors/Violations on my record.

I want to know if this is something I may need a lawyer for or if I don;t really need to worry as this is my first offense?

Another thing I am unclear of is how I should go about pleading my case or taking care of the fine. The way the officer made it could when I was given the Summons was "you can either pay the $25 Fine or plead not guilty and appear in court" almost like a parking ticket, but when I got home and read it over, it was in fact a Summons and claimed that no matter what, I had to appear in court.

There is a court date set for 1/25/11 and I've already missed my chance (I think) for pleading Not Guilty as it says to mail in the Summons within 2 days. I assume I can still plead Not Guilty at the court date, though? I've spoken with a few of my friends who received Summonses before and one of them said she just faxed over a statement to the courthouse asking for a later court date and gave the reason that she had to work. She said that they then just threw out her case (which was a bicycle-related charge) presumably because they did not feel the need to waste the resources on such a petty offense. My other friend received a Summons for carrying an open alcohol container- he said that he went to the police station and just filled out a form, paid a fine and that was it.

I went down to my local precinct today and the officer told me that I had to appear in court for PU and that I could go anytime on or before 1/25/10. I was under the impression that I had to be there only on the date they specified but he claims I can go before then and "wait in line with about 100 other people with Summons" and I was to appear in front of judge to discuss the charges.

I think my best bet would be to try to postpone the hearing date they gave me on the Summons and see if it gets thrown out, though I'm unsure of where/who to fax the request to as there is no information on the Summons regarding that. Has anyone done this or known anyone who has done this before? Would you happen to have the information for sending it?

If that doesn't work I was going to try going before my appointed court date. Is the officer who issued me the ticket supposed to appear in court on that date? If by chance he didn't show up on the date would that have any bearing on my case? That's kind of what I was hoping for in going to court at an earlier date.And if that is the case, should I just plead Not Guilty or would it be wise just to please guilty and pay the fine? Because when I was approached by the cop on the night of the occurrence he said something like, "We saw you. How come you couldn't hold it until you got home?" And I was like, "Yeah, I just really had to go" or something like that, but basically I admitted my guilt to them.

I would greatly appreciate any help you could give me and I do apologize for the length of my post, I just wanted to be as thorough as possible. Thank you in advance.What is the name of your state (only U.S. law)?

Depending on where you were when you "whipped it out" (i.e. schoolyard, park, dock, etc.), you can get written up under the NY Penal Code, the NYC Rules and Regs or the NYC Administrative Code. Peeing in public usually gets written up either as a disorderly conduct (240.20) or public exposure (245.01), both of which are "violations" and not "crimes" (like a parking ticket).

You appear to have been cited for littering (technically, for "casting ... other rubbish and refuse of any kind whatsoever, in or upon any street or public place, vacant lot, air shaft, areaway, backyard court or alley"), which is also a violation.

Presumably then, your ticket is returnable before the Environmental Control Board and not the criminal courthouse (what address does it say you need to respond to? The courthouse on Queens Boulevard in Kew Gardens or the ECB on 94th Avenue in Jamaica?) Depending on where you have to go, the procedures are slightly different.

You can read up here about how the ECB works:
http://www.nyc.gov/html/ecb/downloads/pdf/read_nov_200703.pdf
http://www.nyc.gov/html/ecb/html/respond/respond.shtml

Either way though, you will have to appear in person to plead. It is doubtful you can get your "date" extended absent proof you will not be in the state until after the date listed on the summons. However, the fine is either $25 or $50, and if in criminal court, I think they tack on a surcharge as well. A violation, as noted, is not a crime, and can be sealed/expunged after five days of pleading (see CPL 160.55), after which, it cannot be considered by employers in NYS when applying for jobs.

All in all, it's not that big a deal as long as you don't ignore it. I know several people who got cited for PU and are now lawyers, physicians, teachers, etc.

Good luck (and please keep it in your pants next time, people have to live here).

You Are Guilty said:

Depending on where you were when you "whipped it out" (i.e. schoolyard, park, dock, etc.), you can get written up under the NY Penal Code, the NYC Rules and Regs or the NYC Administrative Code. Peeing in public usually gets written up either as a disorderly conduct (240.20) or public exposure (245.01), both of which are "violations" and not "crimes" (like a parking ticket).

You appear to have been cited for littering (technically, for "casting ... other rubbish and refuse of any kind whatsoever, in or upon any street or public place, vacant lot, air shaft, areaway, backyard court or alley"), which is also a violation.

Presumably then, your ticket is returnable before the Environmental Control Board and not the criminal courthouse (what address does it say you need to respond to? The courthouse on Queens Boulevard in Kew Gardens or the ECB on 94th Avenue in Jamaica?) Depending on where you have to go, the procedures are slightly different.

You can read up here about how the ECB works:
http://www.nyc.gov/html/ecb/downloads/pdf/read_nov_200703.pdf
Respond to a Violation - NYC Environmental Control Board

Either way though, you will have to appear in person to plead. It is doubtful you can get your "date" extended absent proof you will not be in the state until after the date listed on the summons. However, the fine is either $25 or $50, and if in criminal court, I think they tack on a surcharge as well. A violation, as noted, is not a crime, and can be sealed/expunged after five days of pleading (see CPL 160.55), after which, it cannot be considered by employers in NYS when applying for jobs.

All in all, it's not that big a deal as long as you don't ignore it. I know several people who got cited for PU and are now lawyers, physicians, teachers, etc.

Good luck (and please keep it in your pants next time, people have to live here).

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Thanks for the info. I was just in an industrial/residential area, two blocks from where there were houses, but basically just beside a warehouse. It says I need to go to the Criminal Courthouse in Kew Gardens.

As far as the CPL 160.55 goes- You said it "can" be sealed/expunged. Under what circumstances would it not be? Is this something I have to request be done at the time of the hearing? Do I have to fill out any kind of form or contact someone at the court about to do this? Do I only have 5 days after the outcome of the hearing to act on this? Or is this something that automatically just happens with the ruling if I only have to pay a fine/it is the first offence? Thanks