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Can I Travel out of the country with a record for open container? will i be violating any laws if I Do?

New York, NY |

I have gotten an open container ticket in NY back in June and i was wondering if i can leave the country to go on vacation and return before my court appearance on September 19. I would think its a small offense, but i don't want to take any chances and be stopped at the airport or be charged for "fleeing".

Attorney Answers 5

  1. You should be fine. Consult with a criminal defense attorney in your area to clear your conscience if that will help you enjoy the vacation more.

    Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This answer is provided for informational purposes only. If you have further questions, please do not hesitate to visit my Avvo profile or website -- -- to set up an appointment to talk more about your issue. As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

  2. Should not be an issue. Were you even fingerprinted?

    Joseph A. Lo Piccolo, Esq.
    Past President, Criminal Courts Bar Association
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  3. It is not fleeing. While a small risk, technically an ICE officer could deny you reentry. You may be able to hire a lawyer to advance the case before you return. I do tthis often.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  4. Have a good trip. Go to Court when you return.

  5. Assuming the open container is a mere violation, there is no re-entry issue

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.