Over the weekend I was in a bar drinking a beer in NY when a cop came over to me and asked me for my ID. I proceeded to give him my ID, but I am only 20 years old. He proceeded to take me outside and arrest me. He took me to the local police station where they released me on $100 bail, and wrote me a violation ticket for "unlawful possession of alcoholic beverages with intent to consume by persons under 21". While looking through NYS Alcoholic Beverage Control law, I noticed that in Article 5, Paragraph 65 - C, bullet number 3, the law states "Any person who unlawfully possesses an alcoholic beverage with intent to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that nothing contained herein shall authorize, or be construed to authorize, a peace officer as defined in subdivision thirty-three of section 1.20 of the criminal procedure law or a police officer as defined in subdivision thirty-four of section 1.20 of such law to arrest a person who unlawfully possesses an alcoholic beverage with intent to consume." The way I interpret this, the officer did not have authorization to arrest me, therefore I should not be summoned to court, and the case should be dismissed. Although I know the best thing to do in this situation would be to hire a lawyer, I'm just a college kid with no extra money. I was wondering if my reasoning here is justified, and whether you believe this would stand in court if I plead not guilty and contest it.
Last edited:
