In People v. Bothwell, 261 A.D.2d 232 (1st Dept. 1999) the Appellate Division held that a police officer had the right to follow the defendant into a luncheonette after he was observed violating 10-125 (b) (1) Administrative Code of the City of New York "Open Container Law". The court held that the police officer had the authority to physically remove defendant from the establishment. As defendant was brought outside, cocaine fell out of his hand. This event provided probable cause for the arrest of defendant. In the case before the court, defendant was observed violating a section of the Administrative Code of the City of New York. As the police officer was writing a summons for the violation defendant sat behind the wheel of the running vehicle. A few moments later defendant approached the police officer and engaged him in conversation. The police officer noticed defendant had slurred speech, blood shot eyes, and smelled of alcohol, which are "common law" signs of intoxication. These facts coupled with defendant's statement "I had three glasses of scotch at my restaurant in New Jersey" and the later administered breath test, established probable cause to arrest defendant.