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I received an open container summons a couple of days ago, want to know if is worth fight it,I notice missing information?

Maspeth, NY |

My signature is missing . In on probation for DWI . Is this a serious matter ?

Attorney Answers 5


  1. It could be a serious matter. Probation usually requires that you report all police contact. You should check this out because if your are required to and fail to do so, there could be a technical violation for not reporting the incident. You can try to fight the case and if there is a defect in the summons then it might be dismissed. It would be best to avoid all police contact while you are on probation. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  2. All arrests are serious though the outcome most likely will not be. Because you are on probation you should notify your PO or the summons. If you can afford to do so, you should hire an attorney.

    I have been chosen by Superlawyers as one of the top criminal defense lawyers in NYC. I was a First Deputy Bureau Chief in the Brooklyn DA's Office and have over 30 years of criminal law experience. Phone: 212-766-3366; www.goldbergandallen.com


  3. You are likely asked at every probation meeting if you have had contact with law enforcement so you are obligated to report it (whether you do or not) and I'm sure your PO won't be happy that it is an open container case. While you are charged with a violation, it is enough to violate your probation if the PO elects to. I suggest you hire a criminal defense lawyer.... there are strategies to get this charge dismissed.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  4. If you are on probation, you must fight it. When you are on probation for a DWI, it's doubley important.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    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 substitution for a meeting whereas all potential legal issues can be discussed.


  5. You must fight it. You can get this type of summons dismissed. The fact that you are on probation makes it even more serious.
    Attorney Deron Castro

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