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Open Container in Public Park; Not What It Seems!!

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  • Open Container in Public Park; Not What It Seems!!

    The last week of June my friend and I left another friends house to meet with some friends who had called us and asked to hang out and us all drink together.

    This is relevant because the house where we were drinking was being turned into a sober house because the brother of our friend had gotten a DUI/DWI for drinking and driving, so we couldn't leave any beer bottles there or the parents would assume and you know how some parents are.

    The house was a couple houses away from the park where we were told to meet our friends, and we arrived to find them inside a little area behind trees openly drinking cans of beer and huffing those keyboard cleaning air canisters. I was still tipsy from drinking at the house and had the two bottles I still needed to throw away in my hand, so I led the way to the trashcans so we could leave them.

    A car pulls up as I'm 20ft away from the cans and an officer runs behind my friend and we get shook down and what not, and I still have 3 bottles of beer left in my bag and 2 empty in my hand and I'm given a ticket for open container in public with the description that I had been consuming them in the park property. I told the officers I hadn't drank them there, yes I was tipsy, I wasn't aware that you couldn't drink in public places or ANY park (I've been to a few where we do drink but I was told they were probably with a permit), and I didn't have any drugs or weapons on me.

    I know it seems silly that I'm here explaining this, but I'm worried that this will look bad on my record!!
    I don't know when my court is so I can't talk to a public defender yet, but I want to know if my friend where we were drinking could testify that I had been drinking at his house during my trial or will the judge assume that regardless of that I was still in public and could have drank more when I wasn't at the house???
    He would need at least 2 weeks notice to request time off from his job, so knowing ahead of time would REALLY help.

    (In the future, I plan on putting more effort into going behind peoples houses to throw the bottles away; I had been uncomfortable with trespassing and didn't want to make his neighbors angry. Yes, I most certainly know that drinking and driving or having open alcohol in the car is illegal.)

    Thank you for any constructive advice or information that can be provided!!
    Last edited by toodarnnaive; 07-06-2014, 06:48 PM. Reason: Accidentally wrote July!!

  • #2


    Also, you left out the most important detail. When did you get into the delorean to come back to the first week of July and warn yourself about hanging out and drinking in public with a bunch of drugged out losers?

    Originally posted by toodarnnaive View Post
    The last week of July my friend and I left another friends house to meet with some friends who had called us and asked to hang out and us all drink together.

    Comment


    • #3
      Wow I don't know where to start.

      Let's get drunk and start huffing air canisters. Since my buddy is on house arrest and no alcohol can be around, let's stow the evidence at a park. Oh no! the police show up and I'm wrongfully charged for having alcohol in a park! I've been wronged and it may tarnish my clean record!

      REALITY CHECK - don't hang out with drunks and people huffing keyboard cleaning canisters and you might not get yourself in the predicament you're in. Regardless of where you say you were drinking, police caught you drunk with open containers in your hand in the park. Save yourself the trouble and plead guilty, because I don't see anyone buying this story. It's likely a status offense that is eligible for expungement anyway.

      You have a long way to go.
      I'm 10-8 like a shark in a sea of crime..

      Comment


      • #4
        Originally posted by AppState View Post
        Also, you left out the most important detail. When did you get into the delorean to come back to the first week of July and warn yourself about hanging out and drinking in public with a bunch of drugged out losers?
        Thanks for pointing that out! That's what I get for trying to talk on the phone and type at the same time
        Originally posted by SgtScott31 View Post
        Wow I don't know where to start.

        Let's get drunk and start huffing air canisters. Since my buddy is on house arrest and no alcohol can be around, let's stow the evidence at a park. Oh no! the police show up and I'm wrongfully charged for having alcohol in a park! I've been wronged and it may tarnish my clean record!

        REALITY CHECK - don't hang out with drunks and people huffing keyboard cleaning canisters and you might not get yourself in the predicament you're in. Regardless of where you say you were drinking, police caught you drunk with open containers in your hand in the park. Save yourself the trouble and plead guilty, because I don't see anyone buying this story. It's likely a status offense that is eligible for expungement anyway.

        You have a long way to go.
        I'm frustrated to hear that, BUT that it can be expunged would be great.

        I also didn't say he was on house arrest, just that his parents are on alert for any sign that he is drinking because they're worried he has a problem with alcoholism because of ptsd/military.
        I don't want to sound pretentious, but I had a sheltered life growing up & I wasn't exposed to a lot of situations where people broke laws. I still struggle with people who use drugs instead of socializing and exercising, and people who drive negligently.

        Comment


        • #5
          Take place in NYC?

          Comment


          • #6
            Originally posted by toodarnnaive View Post
            The last week of June my friend and I left another friends house to meet with some friends who had called us and asked to hang out and us all drink together.

            This is relevant because the house where we were drinking was being turned into a sober house because the brother of our friend had gotten a DUI/DWI for drinking and driving, so we couldn't leave any beer bottles there or the parents would assume and you know how some parents are.

            The house was a couple houses away from the park where we were told to meet our friends, and we arrived to find them inside a little area behind trees openly drinking cans of beer and huffing those keyboard cleaning air canisters. I was still tipsy from drinking at the house and had the two bottles I still needed to throw away in my hand, so I led the way to the trashcans so we could leave them.

            A car pulls up as I'm 20ft away from the cans and an officer runs behind my friend and we get shook down and what not, and I still have 3 bottles of beer left in my bag and 2 empty in my hand and I'm given a ticket for open container in public with the description that I had been consuming them in the park property. I told the officers I hadn't drank them there, yes I was tipsy, I wasn't aware that you couldn't drink in public places or ANY park (I've been to a few where we do drink but I was told they were probably with a permit), and I didn't have any drugs or weapons on me.

            I know it seems silly that I'm here explaining this, but I'm worried that this will look bad on my record!!
            I don't know when my court is so I can't talk to a public defender yet, but I want to know if my friend where we were drinking could testify that I had been drinking at his house during my trial or will the judge assume that regardless of that I was still in public and could have drank more when I wasn't at the house???
            He would need at least 2 weeks notice to request time off from his job, so knowing ahead of time would REALLY help.

            (In the future, I plan on putting more effort into going behind peoples houses to throw the bottles away; I had been uncomfortable with trespassing and didn't want to make his neighbors angry. Yes, I most certainly know that drinking and driving or having open alcohol in the car is illegal.)

            Thank you for any constructive advice or information that can be provided!!
            Officer was nice I would've taken that easy drunk in public

            Comment


            • #7
              Originally posted by toodarnnaive View Post
              Thanks for pointing that out! That's what I get for trying to talk on the phone and type at the same time I'm frustrated to hear that, BUT that it can be expunged would be great.

              I also didn't say he was on house arrest, just that his parents are on alert for any sign that he is drinking because they're worried he has a problem with alcoholism because of ptsd/military.
              I don't want to sound pretentious, but I had a sheltered life growing up & I wasn't exposed to a lot of situations where people broke laws. I still struggle with people who use drugs instead of socializing and exercising, and people who drive negligently.
              There it is again...refusing to take responsibility. "Sheltered" doesn't mean you don't have common sense. Try exercising it.

              If you're buddy is suffering from true PTSD the last thing he needs to be doing is alcohol and huffing.
              I'm 10-8 like a shark in a sea of crime..

              Comment


              • #8
                Originally posted by toodarnnaive View Post
                I don't know when my court is so I can't talk to a public defender yet, but I want to know if my friend where we were drinking could testify that I had been drinking at his house during my trial or will the judge assume that regardless of that I was still in public and could have drank more when I wasn't at the house???
                He would need at least 2 weeks notice to request time off from his job, so knowing ahead of time would REALLY help.
                I'll skip straight to your questions. If you're going to trial on this, you can probably call whoever you want to testify for you. As for whether it will make a difference (i.e. will the judge or jury believe your friend).. who knows? No one here can help you with that. You should be consulting with an attorney. In general, I think a judge or jury would be a little bit skeptical about the testimony of your drinking buddy. My college drinking buddies would probably have testified that I was on the moon if I needed an alibi.

                Comment


                • #9
                  In my area you would have committed the crime of having an open container in a park
                  Today's Quote:

                  "The difference between stupidity and genius is that genius has its limits."
                  Albert Einstein

                  Comment


                  • #10
                    Know what should concern you? I'll help you out. Your total lack of good judgement, absence of decent decision making, and exercising no common sense. Then, though you won't admit it, you desire a panel of cops to validate your crappy judgement.

                    It isn't that your choice is going to put your portrait up in post offices throughout the land, it's just crappy behavior. Until you do some serious maturing, don't waste yours or an agencies time by applying.

                    Comment


                    • #11
                      We have all made poor decisions. All of us have pleaded our cases to those with more experience or know how as to the way it works. That being said, try not to dwell on it and move forward. If your friend has problems, support him. Don't enable. Surround yourself with people who will help you see life from a different perspective and how well they are doing with said perspective. i.e; those who don't drink and huff stuff. Young people are very impressionable (young meaning twenty something's) and are eager to look a certain way in front of their peers. Give that up and live your own life according to what you KNOW is right and clean. It's a minor thing. Open container. I had one in a non moving vehicle when I was 22 (I'm now 35), and just recently was commissioned. Learn and grow.

                      Comment


                      • #12
                        Originally posted by BRDeputy14 View Post
                        We have all made poor decisions. All of us have pleaded our cases to those with more experience or know how as to the way it works. That being said, try not to dwell on it and move forward. If your friend has problems, support him. Don't enable. Surround yourself with people who will help you see life from a different perspective and how well they are doing with said perspective. i.e; those who don't drink and huff stuff. Young people are very impressionable (young meaning twenty something's) and are eager to look a certain way in front of their peers. Give that up and live your own life according to what you KNOW is right and clean. It's a minor thing. Open container. I had one in a non moving vehicle when I was 22 (I'm now 35), and just recently was commissioned. Learn and grow.
                        Exactly. Accept responsibility and own your mistake and lapse of judgement. Don't make excuses.

                        It'll look a lot better to a hiring panel if you admitted the mistake and said you learned rather than offering the story that you gave us.

                        Comment

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