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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labels on bottles are easy to peel off too. So buy bottles. Your beer tastes better in them anyhow.
Also, 32 Oz gatorades make for great cocktail containers as well as pre-drinking hydration units.
I’ll never understand the ban on public drinking. Public drunkenness, yes; but not public drinking. Why can’t you enjoy a beer in the park or on the stoop?
Also, I think if you were drinking something really strong that reeked of alcohol, that defense wouldn’t hold up.