Posted: 1/9/2009 2:08:28 AM EDT
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I'm federal and really don't come across this much. OK, at all.
Is a corked, half-empty bottle of wine considered an open container? |
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[/rant on] I hate this kind of hair-splitting crap. IMO, guys that are bothering legitimate people about something like this need some perspective, plain and simple. Either you're drunk, or you're not. Nobody in a big city gives a crap about stuff like this, IME. [/rant off]
With that said, if you think you're in an area where it could be an issue, put it in the trunk. You don't want to be the local test case, even if you win it will cost you time, money and aggravation. |
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ONce upon a time, my uncle was clearing out his dads house after he had died. My uncle was transporting a bunch of opened but re-corked bottles. He got stopped for something. Next to him were a few bottles. The officer noticed it and said something like "Do you know you have a bunch of fines potential sitting next to you for those partially consumed bottles?" My uncle told him "Well, I guess I'm going to be paying a lot more because I have more bottles in the back seat!" The officer just laughed and sent him on his way.
The point to the story is that officers should use common sense when dealing with this sort of thing. Around here, that would not classify as an open container. It would have to actually be OPEN. |
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AL Code
Section 32-5A-330 Definitions; applicability; violations. (a) As used in this section, the following terms are defined: (1) OPEN CONTAINER. A container which is other than in the manufacturer's sealed condition. (2) PUBLIC HIGHWAY or RIGHT-OF-WAY OF A PUBLIC HIGHWAY. The entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way when any part is open to the use of the public for purposes of motor vehicle travel. (b) It is unlawful for a person to have in his or her possession alcoholic beverages in an open container in the passenger area of a motor vehicle of any kind on a public highway or right-of-way of a public highway of this state. (c) This section shall not apply to: (1) A passenger of a motor vehicle designed, maintained, or primarily used for the transportation of persons for compensation and the driver holds a valid commercial driver's license. (2) A passenger of a bus for which the driver holds a valid commercial driver's license. (3) A passenger of a motorized or non-motorized self-contained camper, motor home, house coach, or house trailer. (4) A motor vehicle trunk, storage, or luggage compartment or a truck bed, storage, or cargo compartment. (5) A locked case placed in an area that is not readily accessible behind the front seat of a pickup truck which has no trunk or separate enclosed area other than the cab of the truck. (6) A driver who does not have knowledge of and cannot access alcoholic beverages in an open container in the passenger area of the vehicle. (7) A motor vehicle which is parked or idle and does not have the engine running. This does not apply to the right-of-way of a public highway. (d) This section shall not be construed to prohibit the transporting of alcoholic beverages in closed containers. (e) A person who violates the provisions of this section is guilty of a Class C misdemeanor and, upon conviction, shall be fined not more than twenty-five dollars ($25), and court costs shall not be assessed. (f) The penalties provided for violation of this section shall not constitute a moving violation and shall not have any effect on the driver's license points. (Act 2000-670, p. 1336, ยง1.) |
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Quoted:
[/rant on] I hate this kind of hair-splitting crap. IMO, guys that are bothering legitimate people about something like this need some perspective, plain and simple. Either you're drunk, or you're not. Nobody in a big city gives a crap about stuff like this, IME. [/rant off] With that said, if you think you're in an area where it could be an issue, put it in the trunk. You don't want to be the local test case, even if you win it will cost you time, money and aggravation. OK I'll bite. Knowing all the little laws like that is a great way to have a reason to detain someone, especially if you're looking for dope, wanted folks, and other crimes in progress. But no, in VA if you have no signs of intoxication, you could have an open cold beer in your lap and beat a charge. VA doesn't have an 'open container' law, they have a 'drinking while driving' law. |
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Quoted:
Quoted:
[/rant on] I hate this kind of hair-splitting crap. IMO, guys that are bothering legitimate people about something like this need some perspective, plain and simple. Either you're drunk, or you're not. Nobody in a big city gives a crap about stuff like this, IME. [/rant off] With that said, if you think you're in an area where it could be an issue, put it in the trunk. You don't want to be the local test case, even if you win it will cost you time, money and aggravation. OK I'll bite. Knowing all the little laws like that is a great way to have a reason to detain someone, especially if you're looking for dope, wanted folks, and other crimes in progress. But no, in VA if you have no signs of intoxication, you could have an open cold beer in your lap and beat a charge. VA doesn't have an 'open container' law, they have a 'drinking while driving' law. I completely agree with you! If someone is interresting for some other reason, junk charges like this are great. Actually enforcing this crap against legitimate people is a whole different story, IMO. |