Open Container in a car

[Want2BeNYSP]

So I was hoping you could help me settle an argument. A friend of mine and I got into a discussion about having other people drink in a car while it's being driven. Not talking the driver drinking, just the passangers. I say that this A) can have great negative repercussions for both the passangers AND the driver and B) is just a terrible idea either way.

His argument is if the driver isn't drinking, and it's just the passangers, there's no way that the driver can get in any trouble for the open containers in the car.

Could you shed some light on what could happen if you pulled someone over and this situation unfolded?

Thanks,
Chris

[phantasm]

NYS VTL

§ 1227. Consumption or possession of alcoholic beverages in certain
motor vehicles. 1. The drinking of alcoholic beverages, or the
possession of an open container containing an alcoholic beverage, in a
motor vehicle located upon the public highways or right-of-way public
highway is prohibited. Any operator or passenger violating this section
shall be guilty of a traffic infraction.
The provisions of this section shall not be deemed to prohibit the
drinking of alcoholic beverages or the possession of an open container
containing an alcoholic beverage by passengers in passenger vehicles
operated pursuant to a certificate or permit issued by the department of
transportation or the United States department of transportation.
Furthermore, the provisions of this section shall not be deemed to
prohibit the possession of wine which is: (a) resealed in accordance
with the provisions of subdivision four of section eighty-one of the
alcoholic beverage control law; and (b) is transported in the vehicle's
trunk or is transported behind the last upright seat or in an area not
normally occupied by the driver or passenger in a motor vehicle that is
not equipped with a trunk.
2. For the purposes of this section, a passenger vehicle shall mean a
vehicle designed to carry ten or more passengers and used to carry
passengers for profit or hire.

[cobravenom1]

You may want to distance yourself from this friend of yours. He lacks common sense and will get you into trouble with his sense of right and wrong:rolleyes:. But I think you know that already;)!


:D

[Want2BeNYSP]

Thanks a lot guys, I appreciate it.

You may want to distance yourself from this friend of yours. He lacks common sense and will get you into trouble with his sense of right and wrong:rolleyes:. But I think you know that already;)!


:D

Yea, I know that already. He's a great friend and a good guy, just enjoys the occasional beer or two (or 10). Not that I don't either, but there is a time and a place for all of it. We're going to a concert in June and I got volunteered to drive. Again, no big deal, but they think there drinking in my car. Not going to let that jeaprodize my career in LE for a beer.

P.S. Sick Cobra. Was going to build one, but ran into some financial problems along the way. 427?

[Legoate]

If I were you I wouldn't want to explain to a BI why you recently received an open container cite in a vehicle. It's one of those strong indicators of a potential problem dealing with drinking in your personal life.

And yes, if you are driving, I would cite you if I found an open container in your vehicle regardless of who claimed it was theirs.

[Piggy]

It is illegal in Michigan and Indiana also. With some states, they don't even have to prove you were drinking, just having the open container in your car is enough for a free trip to the pokey. Play it safe, have them put it in the trunk. If they pop one open, leave them at the concert and drive yourself home.

By the way, if your friend can't wait long enough to arrive at a destination before he starts drinking, that's called an alcoholic. You may want to get him some help.

[mcsap]

If a passenger claims responsibility for the open container , he gets the fine. If nobody claims it, YOU the driver get the cite.

[Super Six 5]

Legal in CT. The open container rule as it applies to passengers was repealed. Just don't chuck the empties out the window.

[phantasm]

Thanks a lot guys, I appreciate it.



Yea, I know that already. He's a great friend and a good guy, just enjoys the occasional beer or two (or 10). Not that I don't either, but there is a time and a place for all of it. We're going to a concert in June and I got volunteered to drive. Again, no big deal, but they think there drinking in my car. Not going to let that jeaprodize my career in LE for a beer.

P.S. Sick Cobra. Was going to build one, but ran into some financial problems along the way. 427?

Depending on the attitudes of everyone, I could summons everyone in a vehicle with an open container. Testimony would be as follows.....

"At blah blah etc etc I observe a vehicle fail to signal a lane change (or whatever violation), I pulled the motorist over, and upon approaching the vehicle I observe multiple open containers of an alcoholic beverage within the passenger compartment of the vehicle. The driver did not appear to be intoxicated. I used summons #'s xyz, and xxx to the driver and passengers of the vehicle for the open containers inside the vehicle blah blah blah."

You get the idea. The NYS VTL is not specific with its definition of possession, so I could summons everyone inside a vehicle is in possession of the open containers, especially if there are empties.