A person's best chance of getting the public urination charge dismissed at 346 Broadway at arraignment is when one has proof of a medical condition that causes bladder control or frequent urination issues, either directly or through medication prescribed to treat the condition. Generally, acceptable proof of these issues is a letter from one's doctor. Talk to your New York Criminal Defense Attorney about this.
Another potential area to look for a dismissal is when the NYC public urination summons does not correctly cite the appropriate statute. For example, instead of the summons citing a violation of the NYC Health code 153.09 or NYC admin code 16-118, it may cite something entirely different, such as NYC 16-188, which is non-existant, or it may cite an entirely inapplicable provision, such as the spitting on the sidewalk statute under NYC Health Code 181.03 (there are thousands of different code provisions in New York City). Some judges may dismiss the summons when such an error occurs, but legally do not have to and many will not.
Of course, one can always plead not guilty and request a trial. A trial date will then be set and the officer who issued the summons will be notified to appear. If the officer does not show up, the matter will be dismissed. Again, this is something to talk about with your own New York Criminal Attorney. Or, you can call Robert Briere at 212-786-2999.
Public Urination summons heard at 346 Broadway are difficult to get dismissed at arraignment, whether the requested dismissal is on grounds of the facial insufficiency of the ticket (facial sufficiency is easy to meet with this charge).
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