First of all, let’s just say that this late in the summer, if you’re getting busted by the 5-0 for drinking in public, you are a roooooooooookie who has never heard of such clever tricks as putting your booze in a soda bottle. That said, Gothamist has uncovered what appears to be a loophole that could save your ass should you get nabbed for stoop drankin’. The so-called “Brand Loophole” requires that a police officer write down the specific brand of booze you are drinking, so they can confirm it contains an illegal amount of alcohol. For instance, simply saying “beer” isn’t enough: the ticket must say “Budweiser beer.” Gothamist even cited the case history that solidified this loophole and confirmed with a lawyer [Top-Gun-style windmill high-five for journalism!]
If the ticket doesn’t have the brand, the case will get thrown out.
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