Open container laws and motorcycles

[3.slow]

I own and operate a motorcycle in Arizona. Could I be cited for an open container (of alcohol) if one such existed:

A. In my backpack ( while parked or riding)
B. In the compartment under the seat ( while parked or riding)

I have searched the forum and across the world wide web with no luck about open container laws pertaining to transport on a motorcycle. I am simply asking for your professional opinions if you would "bust" somebody for such an offense, I do not advocate or take part in drunk driving.


Thank you

[kels]

Open container laws are usually pretty simple.
It is either open or it is still sealed.

My suggestion is to leave the alcohol at home.
I have seen too many dead motorcycle
riders over the years.

Motorcycles and alcohol is like guns and alcohol,
they dont mix.

[Sgt. Slaughter]

1. The reason you don't find anything specific to motorcycles in Arizona is because it doesn't matter that you're on a bike.

2. You're asking 2 separate questions - could you and would you be cited.

It is against the law in Arizona for a person in a vehicle to have an open empty container that once contained an alcoholic beverage or an open container with an alcoholic beverage still in it. According to Arizona Revised Statute 4-251, a person that violates the open container law can be found guilty of a class 2 misdemeanor, which is punishable with a fine of up to $750 and up to four months in jail.

3. Riding on 2 wheels is hard enough sober. Adding any alcohol to the mix is insanely stupid. If you have an open container of alcohol on your bike, you should be arrested and your bike towed. It can save your life and the lives of others.

[retdetsgt]

Yep, I suspect most of us would be sympathetic to some guy going down the road on his scooter with one hand on the handlebar and a beer in the other......

[3.slow]

You may think I am a bit thickheaded, but I do not understand if you are saying if it is illegal? Motorcycles do not have gloveboxes or trunks, so are you saying by default open container is illegal for transport whatsoever on a motorcycle ( in a packback or in the cargo area under the seat). I would like to reemphasize that no drinking is going to be taking place, this is a hypothetical situation for example: Half a fifth is left over, I want to go to my buddies house and drink with him, is it illegal to transport this bottle on the bike? At no time has any alcohol been consumed on this day prior to riding the motorcycle.

From the link you posted I have picked out two things

Ok, well it won't let me copy and paste from the link until I have more posts. Anyways it says that the passenger compartment is area of the motor vehicle designed for seating of the driver and passengers

Do you argue that the passenger compartment of a motorcycle is the entire seating area, therefore one cannot have any open containers whatsoever in the situations I have brought forth? Would you argue that a bottle in a backpack is within the drivers reach, so an open container would also be illegal? Sorry for going so in depth, but it seems like you guys were just trying to ream me for drinking and riding, which I do not do, it is stupid. Open container seems pretty clear cut in a car, but on the bike I don't have a clue

Thanks again!

[Safety Steve]

You may think I am a bit thickheaded, but I do not understand if you are saying if it is illegal? Motorcycles do not have gloveboxes or trunks, so are you saying by default open container is illegal for transport whatsoever on a motorcycle ( in a packback or in the cargo area under the seat). I would like to reemphasize that no drinking is going to be taking place, this is a hypothetical situation for example: Half a fifth is left over, I want to go to my buddies house and drink with him, is it illegal to transport this bottle on the bike? At no time has any alcohol been consumed on this day prior to riding the motorcycle.

From the link you posted I have picked out two things

Ok, well it won't let me copy and paste from the link until I have more posts. Anyways it says that the passenger compartment is area of the motor vehicle designed for seating of the driver and passengers

Do you argue that the passenger compartment of a motorcycle is the entire seating area, therefore one cannot have any open containers whatsoever in the situations I have brought forth? Would you argue that a bottle in a backpack is within the drivers reach, so an open container would also be illegal? Sorry for going so in depth, but it seems like you guys were just trying to ream me for drinking and riding, which I do not do, it is stupid. Open container seems pretty clear cut in a car, but on the bike I don't have a clue

Thanks again!

WE ARE SAYING IT IS "ILLEGAL," A motorcycle meets the definition of a motor vehicle! I agree with you on one thing, it is clear cut and dry!



Be Safe.

[Sgt. Slaughter]

If you had it in locked saddlebags or under the seat where it's locked - no. That's not a violation. Keep it in your backpack, tank bag or any other means where you have access and it is a violation and you could be arrested.

[3.slow]

Thanks for your input officers. This will save me trouble in the future. Ignorance be gone! :-)

[Sgt. Slaughter]

Fo shizzle.

[scott715us]

Thanks for your input officers. This will save me trouble in the future. Ignorance be gone! :-)

If you're simply going from point A to point B and you haven't been consuming, the officers may cut you a break. Regardless if you have drank any of it or not, if the officers choose not to exercise any discretion, then by the text of the statute, if the seal is broken you're in violation.

[Sgt. Slaughter]

I've never run across an open container violation where the driver has had zero to drink. In my experience, open container violators are DUI drivers who just haven't gotten soused enough yet - or caught.