Posted: 12/9/2012 8:32:09 PM EDT
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My grandpa heard they changed some laws so a passenger could drink a beer in the car. Sounds like bullshit to me. Any of the LEO in here want to clear this up for me? |
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4-251. Spirituous liquor in motor vehicles; prohibitions; violation; classification; exceptions; definitions
A. It is unlawful for any person to: 1. Consume spirituous liquor while operating or while within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state. 2. Possess an open container of spirituous liquor within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state. B. A person who violates subsection A of this section is guilty of a class 2 misdemeanor. C. This section does not apply to: 1. A passenger in any bus, limousine or taxi. 2. A passenger in the living quarters of a motor home as defined in section 28-4301. D. For the purposes of this section: 1. "Motor vehicle" means any vehicle that is driven or drawn by mechanical power and that is designed primarily for use on public highways. Motor vehicle does not include a vehicle operated exclusively on rails. 2. "Open container" means any bottle, can, jar or other receptacle that contains spirituous liquor and that has been opened, has had its seal broken or the contents of which have been partially removed. 3. "Passenger compartment" means the area of a motor vehicle designed for the seating of the driver and other passengers of the vehicle. Passenger compartment includes an unlocked glove compartment and any unlocked portable devices within the immediate reach of the driver or any passengers. Passenger compartment does not include the trunk, a locked glove compartment or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. 4. "Public highway or right-of-way of a public highway" means the entire width between and immediately adjacent to the boundary lines of every way maintained by the federal government, this state or a county, city or town if any part of the way is generally open to the use of the public for purposes of vehicular travel. |
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I'm not about to test it, but the law only prohibits "spiritous liquor" and doesn't bother to define it. Would beer be ok?
Edit: Nevermind. A.R.S. § 4-101(31): "Spirituous liquor" includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one per cent of alcohol by volume. |
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Quoted:
your researching skills suckI'm not about to test it, but the law only prohibits "spiritous liquor" and doesn't bother to define it. Would beer be ok? 
4-101 31. "Spirituous liquor" includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one per cent of alcohol by volume.
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Quoted:
Phoenix13 - would this be a different violation? Like open container in public? Quoted:
Sounds like Grandpa needs to ride in the trunk or pickup bed to be legal.  Under State v. Castellano, even the passenger compartment is a "public place" for purposes of ARS 4-244(20) if the truck is on a public highway. So if Grandpa is drinking a beer inside the passenger compartment, he's committing both open container in a vehicle and public consumption, and if he's drinking in the bed of the truck, he's only committing public consumption. Wanna check my work, Phoenix? 
IANAL |