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

Asked about 1 year ago - 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. Joseph A Lo Piccolo

    Contributor Level 20

    Answered . 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)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. Eric Edward Rothstein

    Contributor Level 20

    Answered . 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... more
  3. Stephen Charles Cooper

    Contributor Level 18

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

  4. Marco Caviglia

    Contributor Level 19

    Answered . 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... more
  5. John Douglas Lloyd

    Pro

    Contributor Level 15

    Answered . 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... more

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