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Open Container 10-125 (2) (b)?

I was recently issued this summons. What bothers me is that when the officer approached me, I was 1) inside a privately owned building, and 2) did not take a drink in the officer's presence. The officer only knew of the drink because I told him there was alcohol in the cup. i think the officer gave me summons because he wanted to fill his quota. What can i do to challenge this. P.S. ( I am of legal dranking age).

3 Answers

  • Anonymous
    1 decade ago
    Favorite Answer

    Cops DO have quotas, being a cop is just like being an employee at a business, thier number 1 goal is to make profit

  • 1 decade ago

    It would appear that the violation occurred in NYC. According to what I read in the source below (not an official source, reliability unknown), the violation did occur.

    If you are in a public place, and in possession of an open container of alcohol, you are in violation of the law.

    It's not a popular law, so the judge might go easy on you for the violation.

    As for the officer "filling his quota", nope! No quota system exists. He might have been under orders to strictly enforce "quality of life laws" (like this one), he might even have been part of a special detail created for the purpose of enforcing quality of life laws. But he was not trying to "fill a quota".

    If there was an order to target an specific area of the city for quality of life law enforcement ... it was probably created after complaints by people living in the area.

    According to this law there is no "legal drinking age" for drinking in public, unless the place you are drinking in has a server's license.

    You have to admit ... stepping over drunks hanging out in alleys gets old after a while, the people of the city probably asked for this law.

  • Nothing, you admitted that you had alcohol in a container that was not closed and police officer don't have quota's.

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