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ultravorx
06-24-03, 01:23 PM
Me and a friend the other day got into a huge argument about this and im not sure what is legal? If my passenger in my car wants to drink a beer, or any alcoholic beverage in my car while im driving, can he? He said as long as im not drinking and did not have any drinks its ok. But i was under the assumption that if there are ANY open alcoholic beverages in the car, i can get in trouble. ANY info on this would be great! Here is some extra detail. My friends and I are all over 21, so nothing underage here. We live in CT.
Frank


Jynkxxie
06-24-03, 01:34 PM
Depends on where you live...When I was in PA for training, I was told that I could and participated in drinking as a passanger...However instead of taking the locals advice, I should have contacted the authorities and asked...as I could have violated the law...if I take into account what others have said regarding that this is not legal anymore in PA...Why don't you call your state and local police? As sometimes what may not be illegal in the state may be a violation of a city ordinance. I am sure that they would be able to clear it up for you rather quickly...

gdowkpc
06-24-03, 01:51 PM
An example of how the law works in Oregon:

State law has an open container law. There is to be no open alcohol within the car. How easy woold it be for a passenger to hand the beer up to the driver for a few swallows? The fine is $295.

Portland has a much stricter law. There is to be no open alcohol anywhere outdoors that the public has open access to, including your car (becasue the car travels on open roadways and parking lots).

The Portland ordinance is so strict, that if you purchase wine at dinner, it must be re-corked for your travel home. The fine is $299.


vadep
06-24-03, 02:02 PM
No open container law in Virginia.... however it is illegal to drink an alcoholic beverage in public or view of the public (at any location that is not an authorized licensed establishment), so if I notice the passenger in a vehicle sipping on a can of beer, then yes they can and will be charged.

ultravorx
06-24-03, 02:10 PM
Originally posted by vadep
if I notice the passenger in a vehicle sipping on a can of beer, then yes they can and will be charged.

Is this in referance to the driver as well, or just the passenger?

lusebucks
06-24-03, 03:19 PM
My state of Georgia also has a no open container law as well, meaning that no person riding in the car may have an acholoic beverage. But I always wondered how limo companies got around this law of allowing their customers to drink in the back of the limo.

scan
06-24-03, 04:22 PM
A ticket if you were in a Florida

mcsap
06-24-03, 06:32 PM
See www.saferoads.org/state/st_lawchart.htm#CT

Connecticut does not have an open container law.

PA does have such a law. FIne is $104. No open containers in a vehicle by anyone.

kupd739
06-24-03, 07:03 PM
New Jersey does not allow open containers in a motor vehicle. As the driver you could be charged with it because you are responsible for any and everything in your vehicle. Actually in NJ you and your friend would be charged with it.

For example if your friend had pot and you had no knowledge and say he stuck it under the passenger seat when you got stop and the police search your car and find it you would be charged, unless your friend fessed up that it was his.

Island_Girl
06-24-03, 11:56 PM
Drinking and driving is encouraged in the Virgin Islands. There is no law stating that you cannot drive under the influence. There is, however, a law that states if you are driving under the influence of alcohol and you happen to hit a pedestrian, you MUST drive that person wherever it is that they wish to go.

It's sick! I'm almost outta here!!! Normalcy, here I come!

vadep
06-25-03, 06:54 AM
Originally posted by ultravorx
Is this in referance to the driver as well, or just the passenger?

both

Gotrek
06-25-03, 11:59 AM
Here in manitoba (canada) I'm pretty sure there is to be no open alchool in the vehicle (including the trunk) This includes a case of beer that is not sealed (cardboard ripped open)

But I had also heard if you were in an RV or conversion van, the passengers could drink in the back as long as there was something to seperate the rear "cargo" area from the front area such as a curtain.

FubarTx
06-26-03, 07:02 AM
In The State Of Texas, You Are Not Permitted To Have An Open Container Of An Alcoholic Beverage Anywhere In The Passenger Compartment Of The Vehicle ! This Applies To Everyone In the Vehicle Regardless Of Where The Individual Is Sitting In The Vehicle.

txinvestigator1
06-27-03, 08:56 PM
Originally posted by FubarTx
In The State Of Texas, You Are Not Permitted To Have An Open Container Of An Alcoholic Beverage Anywhere In The Passenger Compartment Of The Vehicle ! This Applies To Everyone In the Vehicle Regardless Of Where The Individual Is Sitting In The Vehicle.

I think there is an exception for Limos and other chauffered type vehicles.

Blake
06-29-03, 07:56 PM
In Saskatchewan (Canada), it is illegal to have any open liquor in a motor vehicle, fine of $180. Further, having open liquor in the vehicle would constitute a search of the vehicle for other liquor and finally all the liquor in that vehicle could be seized. ;)

As one post mentioned that he thought it would be legal to drink in a motor home...in Saskatchewan, ONLY if the motor home is parked and therefore deemed as a residence.

elisa8002
06-29-03, 08:20 PM
Here its a summary offense

P01IC3M4N
06-30-03, 01:24 AM
(b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense.

(c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in:

(1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or

(2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.

Bradleyadleo
06-30-03, 04:15 AM
Originally posted by gdowkpc
An example of how the law works in Oregon:

State law has an open container law. There is to be no open alcohol within the car. How easy woold it be for a passenger to hand the beer up to the driver for a few swallows? The fine is $295.

It works the same in Minnesota. I was once in a position in which I was driving my friends vehicle. He was in the backseat drinking and said exactly what your friend did. Unfortunately the state patrolman didn't agree with that view either. :p

txinvestigator1
06-30-03, 04:23 AM
Fubar,

I seldom quote law of which I am ignorant, ask around.

P01IC3M4N saved me the trouble of cut and paste. I would not ordinarily have been so cocky about this, but since you also sent me a PM challenging me, here ya go;

"(b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense.

(c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in:

(1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or

(2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle."

The violation and exception are listed right there together.

BTW, there is no longer a traffic code in Texas. Traffic laws once were under Vernon's Civil Statutes, section 6701 (d). They are now located under the Texas Transportation Code. This was done in the 1995 Texas Legislature, effective 9-1-1995.

The open container law is in the Texas Penal Code Section 49.031, added by the 2001 Legislature, effective 9-1-2001.

Believe now?

Bradleyadleo
06-30-03, 10:37 AM
I think there is a valuable lesson to be learned here, and that my friends is to never challenge a Texan. :p

So...when your in Texas look behind you...

Zendik
06-30-03, 03:37 PM
New Orleans has 24 hour drive through daiquiri shops. You can walk through the streets with plastic cups with alcohol.

Bradleyadleo
06-30-03, 03:42 PM
My bags are packed and I am off to New Orleans, see everyone in a week or two when I wake up.

Heh ...I wish

Stump
06-30-03, 07:22 PM
Originally posted by txinvestigator1
I seldom quote law of which I am ignorant, ask around.

Yeah, TX knows his laws... its his OPINIONS that are always wrong. ;) (love ya babe!!)

txinvestigator1
06-30-03, 10:26 PM
Originally posted by Stump
Yeah, TX knows his laws... its his OPINIONS that are always wrong. ;) (love ya babe!!)

WOW, supported and slammed at the same time. :(

HMMM, I did write that it was my opinion that you were probably one of the best dispatchers. ;)

There, I feel better.

apx414
07-07-03, 03:03 PM
NC is a pretty much the same NO open container including transporting spiriteous liqueor with a cracked seal. Unless it is transported "Behind the last upright seat"

Darin
07-07-03, 04:22 PM
Originally posted by Bradleyadleo

So...when your in Texas look behind you... And the reason is because there's only 2 things from Texas... Steers and Quee.... well you know the rest. :D :p


Just kidding Texans!