Open Container Attorney in New York

Facing an Open Container Charge in New York City?

If you were stopped by police and given an open container citation in New York City, you might feel uncertain about what to do next. Whether the ticket was for carrying alcohol in a vehicle, these situations often create stress and confusion. Many individuals worry about the potential for fines, a criminal record, or impacts on employment.

At Gannes & Musico, LLP, we understand that an open container violation can feel more serious than expected. People often wonder about the actual law, question if a court is required, and are unsure if an attorney is necessary. Our attorneys are here to help you understand your rights and your options step by step.

Our team has over 30 years of experience representing people in New York City courts for traffic and criminal charges. We have guided thousands of clients through matters just like yours and offer a free case evaluation, so you can feel confident moving forward with support.

Call a dedicated open container attorney in New York now for a free consultation and the benefit of over 30 years of aggressive traffic defense. Call us at (877) 803-2603 or reach out online now!

Understanding New York Open Container Law

New York VTL 1227 prohibits the consumption of alcohol or cannabis, or the possession of an open container containing an alcoholic beverage, in a motor vehicle located upon the public highways or the right-of-way of a public highway. This law applies to both the driver and all passengers.

The Legal Definition and Scope

• What is an "Open Container"? The law defines an open container as any bottle, can, cup, or glass that has been opened, has a broken seal, or has had some of its contents removed. This definition applies even if the container is in a cup holder or on the floor.
• When Does it Apply? The violation is committed whether the vehicle is in motion or parked on a public highway or right-of-way. Being parked on the side of a public road, or even in a store parking lot (which is often considered a public area), is included.
• Who is Liable? Both the operator of the vehicle and any passenger in possession of the open container can be charged with the traffic infraction.

Critical Exceptions

A skillful New York open container lawyer focuses on the specific exceptions built into the law:

• Location: The law is not violated if the open container is stowed securely in the trunk of the vehicle, or, if the vehicle lacks a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers (e.g., a locked glove compartment or console, though the safest place remains the trunk).
• Commercial/Passenger Vehicles: The restriction does not apply to passengers in commercial passenger vehicles designed to carry ten or more people, such as limousines or buses operating for hire.
• Resealed Wine: A partially consumed bottle of wine purchased with a meal at a licensed restaurant, if securely resealed and transported in the trunk with a dated receipt, is a clear exception.

Penalties and Collateral Consequences of an Open Container Ticket

While the open container ticket does not carry DMV points in New York, the conviction still creates a significant and damaging public record that we fight to prevent.

Direct Penalties

• Fines and Surcharges: A first offense carries a maximum fine of $150 plus a mandatory court surcharge (up to $93) and a Crime Victim Assistance fee ($20). Subsequent offenses within 18 months carry significantly higher fines, up to $450.
• Jail Time: Although rare, a judge has the authority to sentence a convicted individual to up to 15 days in jail for a VTL 1227 violation.
• Traffic Infraction Record: The conviction appears on your driving record, which can still be viewed by insurance companies and potential employers, leading to potential collateral consequences.

Probable Cause for DWI

The greatest risk posed by an open container ticket is that it provides a police officer with immediate and automatic probable cause to suspect the driver is impaired.

• Sobriety Check Trigger: The presence of an open container is a direct justification for the officer to require the driver to perform Field Sobriety Tests (FSTs) or request a chemical breath test.
• Elevated Charges: An open container citation is frequently issued in addition to, or in lieu of, a more serious charge like DWAI or DWI. If the officer can prove even a low level of impairment, the presence of the open container bolsters the prosecution's case in a criminal court.
• Insurance Risk: Even without points, any traffic infraction that hints at alcohol involvement can flag you as a higher-risk driver, potentially increasing your insurance rates.

This is why engaging an experienced open container attorney in New York is paramount—to terminate the issue at the infraction level and prevent the escalation to a criminal DWI charge.

Why Choose Our Team For Your Open Container Defense

Selecting an open container attorney in New York can have a major impact on your case result. At Gannes & Musico, LLP, our attorneys combine more than 30 years of experience handling traffic and criminal cases in New York City. Every year, we defend thousands of people facing charges in courts like Manhattan Criminal Court and Brooklyn Criminal Court.

Our attorneys focus on individualized legal strategies that reflect your specific situation. We take time to listen, carefully review the facts, and tailor our approach. Our daily work often involves securing 'not guilty' verdicts, dismissals, and minimizing penalties. 

We know the procedures and expectations in courts throughout the city and regularly interact with city prosecutors and judges, which helps us serve our clients effectively.

How We Defend Open Container Charges In The City

Defending against an open container charge in New York requires careful, case-specific strategies. Our legal team at Gannes & Musico, LLP reviews every citation in detail. 

We look at the location, circumstances, police procedure, and any evidence related to your case. Our experience in Manhattan, Queens, Brooklyn, and other NYC courts gives us insight into how these cases are typically handled, and what arguments are most persuasive.

Key Defense Strategies We May Use

Some defense approaches we commonly consider are:

• Challenging whether the container was open or accessible under New York law
• Reviewing police conduct for any procedural errors or rights violations
• Presenting legal exceptions allowed by NYC ordinances
• Demonstrating a lack of knowledge or control over the container (especially for passengers in vehicles)

Each defense plan is built around the individual facts of your case. We keep you informed about your options and work to achieve the most favorable result—whether that is dismissal, reduced penalties, or record sealing if appropriate. 

Our continued presence in New York City's criminal courts means we understand current trends and local enforcement practices, helping us advocate more effectively for our clients.

SCHEDULE A FREE CONSULTATION