Friday, August 10, 2012

The humble red plastic party cup: Cop kryptonite in NYC

Sometimes arcane laws still exist from the past which may seem strange in context of present day sensibilities. This one can help you walk around with a beer or cup of wine or a Glenlivet single malt scotch if you're feeling uptown in current day and there's not a 'whole lot' NYC police can do.

Gothamist points out the loophole known as "The Brand Loophole" and here's where it gets nutty (but a good kind of nutty):

"As a general matter, the police must note on the summons the actual brand of alcohol or do a lab test," attorney David Rankin of Rankin & Taylor says. "The reason for this is the statute says the drink must contain more than 0.005 by volume in order to fall under this law.  So, the court must have reason to believe the beverage in question has more than 0.5% or the summons gets tossed."

So if you're out and have your cup half full or half empty (Johnny doesn't judge) and The Law stops and asks the brand name of what you're drinking just repeat after Tyrion Lannister when asked to confess his crimes "Oh I'm very sorry, I don't know anything about all that."

Feel the power of the cup growing. FEEL IT.

So unless they have a brand name they have to send it to the crime lab to get it broken down like Grissom on CSI. That's a great use of the crime lab's time. Verily.

Look at the cup now, it is smirking at the police officer. The cup looks knowingly and says dump me.

The cup has won.



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