Posted: 4/8/2011 8:41:29 PM EDT
Stopped by the Shell station on the way home from work tonight and bought two 24oz cans of beer. The lady that works there told me a guy came in earlier today and bought one can of beer and as he left the store the local Po-Po wrote him an open container ticket because it wasn't in a sack. She said he never made it to the car and never opened the can but was ticketed while still on the station property. Is this the "letter of the law" or does our local high speed-low drag LEO have a bad case of John Wayne Syndrome? I'm having a hard time understanding this one.
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Stopped by the Shell station on the way home from work tonight and bought two 24oz cans of beer. The lady that works there told me a guy came in earlier today and bought one can of beer and as he left the store the local Po-Po wrote him an open container ticket because it wasn't in a sack. She said he never made it to the car and never opened the can but was ticketed while still on the station property. Is this the "letter of the law" or does our local high speed-low drag LEO have a bad case of John Wayne Syndrome? I'm having a hard time understanding this one. The lady probably also forgot to mention that he was already drunk when he bought the beer. Got a PI ticket and was sent on his way with somebody. |
That very well may have been. She was a little sketchy on the details. Our little burg is know for hiring high speed-low drag types long enough to get certified on the city dime then they move on. They also wrote more tickets last year than the seven surrounding cities, combined! If true, with the history of our PD it wouldn't be surprising.
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You mean you have to conceal carry? 
Sounds like BS but I don't know all the alchohol laws. Out of curiosity can I drink a beer while riding in a pickup bed? i believe the threshhold for open container laws is where the passanger compartment stops. example: if you have an open bottle of booze in the rear hatch of a camaro or mustang it is OK because it is behind the passenger compartment (behind the rear seats) I dont recall the source of that info so take it for what its worth. |
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You mean you have to conceal carry?
Sounds like BS but I don't know all the alchohol laws. Out of curiosity can I drink a beer while riding in a pickup bed? i believe the threshhold for open container laws is where the passanger compartment stops. example: if you have an open bottle of booze in the rear hatch of a camaro or mustang it is OK because it is behind the passenger compartment (behind the rear seats) I dont recall the source of that info so take it for what its worth. 49.031 of the penal code. Does not include the bed of pickups. ;) |
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You mean you have to conceal carry?
Sounds like BS but I don't know all the alchohol laws. Out of curiosity can I drink a beer while riding in a pickup bed? i believe the threshhold for open container laws is where the passanger compartment stops. example: if you have an open bottle of booze in the rear hatch of a camaro or mustang it is OK because it is behind the passenger compartment (behind the rear seats) I dont recall the source of that info so take it for what its worth. Actually its more specific than that too. Not only is truck bed OK as I said, so is the area behind the last upright seat. AKA, your Suburban has a rear fold down seat but has a bench seat also in front of that one. The area behind the last seat would be good to go too. |
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Years ago you could buy vinyl sheets that looked like flattened soft drink cans to wrap around beer cans at 7-11 type stores. I believe "Coca-Cola" was misspelled to avoid copyright infringement laws. Kind of like Rolex being misspelled on some knock offs.
But isn't the open container law an "Enhancement Law?" I believe the real intent of it was so cops would have another charge to add to the list of violations when they pulled you over, rather than them actively looking for people drinking from beer cans. |
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But isn't the open container law an "Enhancement Law?" I believe the real intent of it was so cops would have another charge to add to the list of violations when they pulled you over, rather than them actively looking for people drinking from beer cans. No. I can't tell you how many people I wrote who took a big old chug while driving right in front of me. |
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AKA, your Suburban has a rear fold down seat but has a bench seat also in front of that one. The area behind the last seat would be good to go too. I was once told that the third row of seats in a suburban was good to go. However the way I read it, its only good if the seats themselves are folded and someone was then sitting in the cargo area and not actually in the third row seats..... I guess if they're drinking they don't need those pesky seat belts...... |
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But isn't the open container law an "Enhancement Law?" I believe the real intent of it was so cops would have another charge to add to the list of violations when they pulled you over, rather than them actively looking for people drinking from beer cans. No. I can't tell you how many people I wrote who took a big old chug while driving right in front of me. Really? People can be so stupid sometimes. I will guess most of these stops were guys aged 30 and less. How many times have you seen people smoke pot while driving? What was/is the penalty in TX? A ticket (and fine) or a trip to the station (assuming a very small quantity)? |
| What I am more disgusted in is the fact that some people are such weak minded drunkards that they cannot wait to arrive home or whatever their destination before cracking open a beer. Drinking and driving is the only purpose of selling the individual cans in the convenience stores. You want a case of beer and get hammered at home, fine, you do that. But there is no need to have to pick up a few single beers to chug on your way while driving. I'm not advocating more laws but I am advocating people grow the F up and act like an adult. |
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But isn't the open container law an "Enhancement Law?" The recently enacted Open Container Law is different from the previously enacted drinking while driving law. What you are probably thinking of is OC is not an arrestable offense. Thanks. I didn't know there was a new Open Container law. Could you please explain the new law? I don't drink while driving, but I think it is absolutely ridiculous that a passenger (in the back seat) can't drink a beer. What we really need are more laws to protect stupid people from themselves, and go ahead and officially remove words like accountability and responsibility from the English language. /rant |
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Quoted: Quoted: Quoted: But isn't the open container law an "Enhancement Law?" The recently enacted Open Container Law is different from the previously enacted drinking while driving law. What you are probably thinking of is OC is not an arrestable offense. Thanks. I didn't know there was a new Open Container law. Could you please explain the new law? Prior to the new law, Open containers were legal, only drinking by the driver was illegal. Even now, the current law has plenty of holes. § 49.031. Possession of Alcoholic Beverage in Motor Vehicle. (a) In this section: (1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed. (2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include: (A) a glove compartment or similar storage container that is locked; (B) the trunk of a vehicle; or (C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk. (3) "Public highway" means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway. (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. |
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What I am more disgusted in is the fact that some people are such weak minded drunkards that they cannot wait to arrive home or whatever their destination before cracking open a beer. Drinking and driving is the only purpose of selling the individual cans in the convenience stores. You want a case of beer and get hammered at home, fine, you do that. But there is no need to have to pick up a few single beers to chug on your way while driving. I'm not advocating more laws but I am advocating people grow the F up and act like an adult. i hold drinking and driving to be no different than doing anything else while driving (eating, reading, texting, messing with your CDs, finding something in a bag) all can be dangerous and should be avoided. I dont believe drinking and driving should be illegal when lots of other things are not. I do agree that DWI should be illegal. that is just my opinion though. |
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Thanks, RenegadeX.
Let me see if I understand this properly: If I have a 4 door pickup with about 2 inches between the back seat and back wall (read storage for tire iron), I am technically guilty of the new open container law if I put an opened bottle of brandy in the back seat and drive over to someone's house to celebrate birth of first child, etc., But - If I fold down my back seat, secure an open beer can on floor in back I can Legally Drink the beer through a three foot straw while driving as long as the beer can stays in back and I do not become impaired? Great... |
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If I fold down my back seat, secure an open beer can on floor in back I can Legally Drink the beer through a three foot straw while driving as long as the beer can stays in back and I do not become impaired? Great... no, the straw is then the open container and it is in the passenger compartment. |
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[snip] no, the straw is then the open container and it is in the passenger compartment. That would be fun to argue in court that a straw is a receptacle with someone else's money. (1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed. Quoted:
If you are transporting an open bottle and it is stored in the passenger compartment in such a was so that it is pretty obvious that you are not drinking it and if you have not been drinking at all then I imagine most officers would not give you a ticket. You're probably right. But there are a few motorcycle cops in Collin county (city names withheld) that would do it. 
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By the law, an unopened single bottle or can of beer is not an open container and therefore not a violation of the open container law.
You can purchase single bottles or cans of alcoholic beverages and there does not seem to be anything in the law about keeping them conceiled in a package. A six pack container that holds bottles or cans with some missing is still not an open container of alcohol. It seems this is a case of tyranny by law enforcement. |
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But isn't the open container law an "Enhancement Law?" The recently enacted Open Container Law is different from the previously enacted drinking while driving law. What you are probably thinking of is OC is not an arrestable offense. its not? i had a deputy said he was going to arrest me but my buddy's girlfriend happened to be driving behind us. i was a passenger in his truck and had an open beer. asked me to get out of the truck, poured my beer out. never cuffed me or patted me down or acted like a dick. cool guy. but he did say he was going to arrest us had she not been following us. i dunno. |
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But isn't the open container law an "Enhancement Law?" The recently enacted Open Container Law is different from the previously enacted drinking while driving law. What you are probably thinking of is OC is not an arrestable offense. Of course it is. Edit because no one will actually read the law to see why; IF the person signs a promise to appear the officer must release the person. However, there is no such requirement if the person refuses to sign. If you refuse to sign you can be arrested. There are no offenses in the penal code that are not arrestable |
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Quoted: Quoted: Quoted: But isn't the open container law an "Enhancement Law?" The recently enacted Open Container Law is different from the previously enacted drinking while driving law. What you are probably thinking of is OC is not an arrestable offense. Of course it is. Edit because no one will actually read the law to see why; IF the person signs a promise to appear the officer must release the person. However, there is no such requirement if the person refuses to sign. If you refuse to sign you can be arrested. There are no offenses in the penal code that are not arrestable EXACTLY. For refusing to sign, not for having the open container. ETA: The law clearly directs the officer to issue a citation, and may not arrest if he signs. That is why we refer to it as "not an arrestable offense". It does not imply it is not possible to be arrested, just that the discretion is taken away from the officer. (e)A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person. |
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But isn't the open container law an "Enhancement Law?" The recently enacted Open Container Law is different from the previously enacted drinking while driving law. What you are probably thinking of is OC is not an arrestable offense. Of course it is. Edit because no one will actually read the law to see why; IF the person signs a promise to appear the officer must release the person. However, there is no such requirement if the person refuses to sign. If you refuse to sign you can be arrested. There are no offenses in the penal code that are not arrestable EXACTLY. For refusing to sign, not for having the open container. ETA: The law clearly directs the officer to issue a citation, and may not arrest if he signs. That is why we refer to it as "not an arrestable offense". It does not imply it is not possible to be arrested, just that the discretion is taken away from the officer. (e)A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person. No, you would be arrested for the open container. There is no offense for failing to sign. You can only arrest for offenses that ar listed, and fail to sign is not an offense. |
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Quoted: Quoted: Quoted: Quoted: Quoted: But isn't the open container law an "Enhancement Law?" The recently enacted Open Container Law is different from the previously enacted drinking while driving law. What you are probably thinking of is OC is not an arrestable offense, if you sign. Of course it is. Edit because no one will actually read the law to see why; IF the person signs a promise to appear the officer must release the person. However, there is no such requirement if the person refuses to sign. If you refuse to sign you can be arrested. There are no offenses in the penal code that are not arrestable EXACTLY. For refusing to sign, not for having the open container. ETA: The law clearly directs the officer to issue a citation, and may not arrest if he signs. That is why we refer to it as "not an arrestable offense". It does not imply it is not possible to be arrested, just that the discretion is taken away from the officer. (e)A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person. No, you would be arrested for the open container. There is no offense for failing to sign. You can only arrest for offenses that ar listed, and fail to sign is not an offense. Fixed just for you. |
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What I am more disgusted in is the fact that some people are such weak minded drunkards that they cannot wait to arrive home or whatever their destination before cracking open a beer. Drinking and driving is the only purpose of selling the individual cans in the convenience stores. Amen brother. I think beer should be sold only in 2-liter bottles. Then it would be hard to hide. But I don't make the regs :) |
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What I am more disgusted in is the fact that some people are such weak minded drunkards that they cannot wait to arrive home or whatever their destination before cracking open a beer. Drinking and driving is the only purpose of selling the individual cans in the convenience stores. Amen brother. I think beer should be sold only in 2-liter bottles. Then it would be hard to hide. But I don't make the regs :) What? 
I buy singles every now and then and never drink and drive. I rarely drink, so when I feel like having one I stop and get ONE from the 7-11 or QT to enjoy when I get home. I know many people who do this and would venture to say none of them drink and drive either. eta: why don't we go ahead and make ARs illegal too since their only purpose is to kill (or at least some would think.) |
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What I am more disgusted in is the fact that some people are such weak minded drunkards that they cannot wait to arrive home or whatever their destination before cracking open a beer. Drinking and driving is the only purpose of selling the individual cans in the convenience stores. Amen brother. I think beer should be sold only in 2-liter bottles. Then it would be hard to hide. But I don't make the regs :) What?
I buy singles every now and then and never drink and drive. I rarely drink, so when I feel like having one I stop and get ONE from the 7-11 or QT to enjoy when I get home. I know many people who do this and would venture to say none of them drink and drive either. eta: why don't we go ahead and make ARs illegal too since their only purpose is to kill (or at least some would think.) Dude, you've got him all wrong... he just means that he thinks 2 liters is a single serving size!
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What I am more disgusted in is the fact that some people are such weak minded drunkards that they cannot wait to arrive home or whatever their destination before cracking open a beer. Drinking and driving is the only purpose of selling the individual cans in the convenience stores. Amen brother. I think beer should be sold only in 2-liter bottles. Then it would be hard to hide. But I don't make the regs :) What?
I buy singles every now and then and never drink and drive. I rarely drink, so when I feel like having one I stop and get ONE from the 7-11 or QT to enjoy when I get home. I know many people who do this and would venture to say none of them drink and drive either. eta: why don't we go ahead and make ARs illegal too since their only purpose is to kill (or at least some would think.) Dude, you've got him all wrong... he just means that he thinks 2 liters is a single serving size! Pleasant Grove?
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But isn't the open container law an "Enhancement Law?" The recently enacted Open Container Law is different from the previously enacted drinking while driving law. What you are probably thinking of is OC is not an arrestable offense. Recently enacted? Its been around for at least 25 yrs as far as i know... |
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Quoted: Quoted: Quoted: But isn't the open container law an "Enhancement Law?" The recently enacted Open Container Law is different from the previously enacted drinking while driving law. What you are probably thinking of is OC is not an arrestable offense. Recently enacted? Its been around for at least 25 yrs as far as i know... HB5 was enacted just 5 sessions ago. That is 10 years ago. Maybe not as recent as I thought, but it seems like 9/11 was yesterday to me. http://www.txdps.state.tx.us/director_staff/public_information/pr082901.htm |
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But isn't the open container law an "Enhancement Law?" The recently enacted Open Container Law is different from the previously enacted drinking while driving law. What you are probably thinking of is OC is not an arrestable offense. Recently enacted? Its been around for at least 25 yrs as far as i know... HB5 was enacted just 5 sessions ago. That is 10 years ago. Maybe not as recent as I thought, but it seems like 9/11 was yesterday to me. http://www.txdps.state.tx.us/director_staff/public_information/pr082901.htm It's a law that needs repealed... |
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But isn't the open container law an "Enhancement Law?" The recently enacted Open Container Law is different from the previously enacted drinking while driving law. What you are probably thinking of is OC is not an arrestable offense. Recently enacted? Its been around for at least 25 yrs as far as i know... HB5 was enacted just 5 sessions ago. That is 10 years ago. Maybe not as recent as I thought, but it seems like 9/11 was yesterday to me. http://www.txdps.state.tx.us/director_staff/public_information/pr082901.htm thats really surprising to me. I remember my dad buying a single 12 oz beer on the way home when i was a kid and making sure to keep it out of view from cops. I dont have a problem with a 200 pound man having a single beer for flavor or thirst while driving and Ive never written an open container ticket to anyone, but i have taken every drunk drive with an open container that ive ever found straight to jail. I agree that the law is kind of redundant. Driving drunk and impaired should be penalized, not driving sober with a beer in your hand. Also, i would love some more clarification on how you can instanter someone. I was told by my academy instructor in 2006 that speeding and open container are the only two class C misdemeanors that you cannot instanter/bring someone directly to the judge for. He stated that open container is not arrestable at the officers discretion because alot of tourists and vacationers like to have a beer while they're out cruising and arresting people for open containers would discourage tourism. It sounded a little far fetched but he knew a hell of a lot more about LE than i did. so what are the specifics on arresting a person for refusing to sign on a speeding ticket or open container? In 4 years nobody has ever been stupid enough to refuse to sign. That being said, you cant instanter for open container, and ive never heard of a charge for failure to sign, i guess you charge them with failure to appear? Thats a warrant that the court usually deals with and ive never seen a statute referring to FTA. Can any of yall more informed guys enlighten me? |