Many Long Islanders and New York City residents will be given a criminal summons for an alleged violation of the “Open Container Law”.  Although, each county and city has its own specific statute, in general terms, the Open Container Law prohibits you from having an alcoholic beverage in an open container in the public.  In New York City, the fine for violating the Open Container Law is $25.00, however, the law also states that you could be in jail for up to 5 days.

Oftentimes, you will see someone put their alcoholic beverage in a brown bag, believing this will shield them from the Open Container Law.  This is incorrect.  If a police officer has a reasonable suspicion that what you have in your brown bag is an open container with alcohol, you could still be in violation of the law.

Depending on many factors, if you violate the Open Container Law, you could also be facing a misdemeanor charge.  A misdemeanor could carry a jail time of up to one year.

If you are charged with a violation of the “Open Container Law” or any other misdemeanor, 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 or visit our web site: