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Badanes Law Office
The Open Container Law Loophole
As discussed in one of earlier articles (blogs), in New York State, most counties and cities have an “Open Container Law” which prohibits you from having an alcoholic beverage in an open container in the public.
There is a potential loophole that could save you from being found guilty in this law. In People v. Figueroa (Kings County Criminal Court, June 13, 2012), the defendant was given a citation for public consumption of alcohol and ordered to appear in court. However, the arresting officer did not label the type of alcoholic beverage by specifying the name, he merely wrote “beer.”
The Judge assigned to the case noted that by not specifying the specific brand of alcohol, she could not make a judgment as to whether the defendant was actually consuming an alcoholic beverage above the .005% limit set forth in the law. In the Judge’s closing comments she stated, “while the arresting officer’s professional training and sense of smell may be sufficient to support his conclusion that defendant was drinking beer, such does not support the conclusion that the beer contained more than one-half of one percent (.005) of alcohol by volume because the beverage could have very well been non-alcoholic beer.”
The Badanes Law Office finds and researches the various defenses and case law that will help you in your criminal matter. If you are charged with a violation of the “Open Container Law” or any other criminal matter, then you need an attorney who knows how to defend and protect you in court. David Badanes and the Badanes Law Office will help you and fight for your rights and freedom. Call David Badanes and the Badanes Law Office today at 631-239-1702, email me at firstname.lastname@example.org or visit our web site: www.dbnylaw.com.
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