almost got busted for emptys

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uncommonsense

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So i was driving home from a friend house. He had just given me a 12 pack of bottle from when i gave him some homebrew. They had no labels and they were rinsed out. Well wouldnt you know it i have headlight out ( i know it to. I had the new light on the seat, but it was dark and i didnt want to deal with it) so a cop pulls me over to kindly let me know. Long story short he sees my box of bottle in the back seat. He asked me to explain myself so i told him im a homebrewer and they're just glass bottle for it. Thinking im fecked now he starts asking me all about it. How to, where to get the stuff for it, all that good stuff. He didnt bust me and I think there's a new brew in town now.
 
So i was driving home from a friend house. He had just given me a 12 pack of bottle from when i gave him some homebrew. They had no labels and they were rinsed out. Well wouldnt you know it i have headlight out ( i know it to. I had the new light on the seat, but it was dark and i didnt want to deal with it) so a cop pulls me over to kindly let me know. Long story short he sees my box of bottle in the back seat. He asked me to explain myself so i told him im a homebrewer and they're just glass bottle for it. Thinking im fecked now he starts asking me all about it. How to, where to get the stuff for it, all that good stuff. He didnt bust me and I think there's a new brew in town now.

Probably helped you out actually! I read an article once where they said the best way to get out of a ticket is to get the officer involved in a conversation. Psychologically it "humanizes" you which makes it easier for them to let you go with a warning. :p
 
I don't really think there's currently any laws about possessing unlabled beer bottles, empty or otherwise.

Depending on the state, it could get tricky with open container laws. Of course you are allowed to transport empties (how the hell would anybody recycle them otherwise?) but if the cop judged that you had probably been drinking them in the car, and that the only reason they were empty is that you just finished it...
 
Depending on the state, it could get tricky with open container laws. Of course you are allowed to transport empties (how the hell would anybody recycle them otherwise?) but if the cop judged that you had probably been drinking them in the car, and that the only reason they were empty is that you just finished it...

yeah, but i mean, nobody's gonna bust you for a 12 pack of empties in the back seat

so unless the OP was drinking at the time there's really no concern
 
Those cheap BMC labels came right off in the cooler!

Yeah, I can't see how they can "Bust" you for having empties. If you've been drinking they can have you submit to a field test.

Last time I got pulled over I had just left a brewpub after dropping off a homebrew competition entry. Had a drink or two. Cop got me for a headlight out.

Luckily I was smart enough to buy a bulb before heading to the brewpub and when he found out I was in town to deliver the entry he started asking me about homebrewing.
 
In Virginia there is a law against possessing opened alcoholic beverages. I always put empties in my trunk, just in case.
 
In NYS, you cannot have an open container in the car. In practice, it's unlikely you'd get busted for a 12-pack box full of empties, but consider the following two scenarios:

a) You are drinking a beer while driving. (Naughty!) A cop thinks she saw you doing it. She puts on her lights, you panic and set the half-empty beer in the cupholder, and pull over. She field tests you, but it was your first beer of the day so you test well under the legal limit -- but she writes you a ticket for having an open container, which is illegal in NYS.

b) You are drinking a beer while driving. (Shame on you!) A cop thinks she saw you doing it. She puts on her lights, so you chug the beer, put it inside a 12-pack box in the backseat, and pull over. She field tests you, but it was your first beer of the day so you test well under the legal limit -- but she writes you a ticket for having an open container, which is illegal in NYS.

If the container is empty, it's a judgment call on the part of the cop. In practice you are probably fine with an empty 12-pack, but I would still be nervous if a cop asked me about it.
 
I never get out of things with traffic stops. I better get some keep some homebrew bottles in the back instead of the kids :)

Mills
 
In NYS, you cannot have an open container in the car. In practice, it's unlikely you'd get busted for a 12-pack box full of empties, but consider the following two scenarios:

a) You are drinking a beer while driving. (Naughty!) A cop thinks she saw you doing it. She puts on her lights, you panic and set the half-empty beer in the cupholder, and pull over. She field tests you, but it was your first beer of the day so you test well under the legal limit -- but she writes you a ticket for having an open container, which is illegal in NYS.

b) You are drinking a beer while driving. (Shame on you!) A cop thinks she saw you doing it. She puts on her lights, so you chug the beer, put it inside a 12-pack box in the backseat, and pull over. She field tests you, but it was your first beer of the day so you test well under the legal limit -- but she writes you a ticket for having an open container, which is illegal in NYS.

If the container is empty, it's a judgment call on the part of the cop. In practice you are probably fine with an empty 12-pack, but I would still be nervous if a cop asked me about it.

uhhhhhh......what?

neither of those things are close to what the OP said.

also, i believe when most states interpret "open container", it must be at least partially filled with alcohol.

§ 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.
 
uhhhhhh......what?

neither of those things are close to what the OP said.

No, they are not. It was a thought experiment dude, to explain why a cop may have to make a judgment call if he/she finds an empty alcohol container in your car.

Anyway, we are now talking about the law, which is determined by politics, which is off limits outside of the debate forum apparently, so I best shut up before the thread gets closed.
 
Anyway, we are now talking about the law, which is determined by politics, which is off limits outside of the debate forum apparently, so I best shut up before the thread gets closed.

no it's not. why are people suddenly afraid of the admins?

i don't believe it's against the law to have completely empty beer bottles in your car

where's airborneguy when you actually need him?
 
Its a state by state thing. In VA, it is most definitely illegal to have open containers. I remember when I was a kid my parents and I were coming home from one of my friend's house, and they had a bottle of wine that was about half done, and corked, and a cop questioned them about it. I had a buddy who got busted for a coors light can in his backseat, but he wasn't drinking at the time. IMO you are probably better off with 12+ empties in a box, then just one empty.

I had a buddy tell me that in one state (I think it was Ohio, but I am not sure) you are allowed to drink and drive if you are below the limit. I guess any state without an open container policy is that way technically.
 
Open container laws are usually just a ticket. A quick search for Florida says it's a simple moving violation ticket ($100-ish fine + points) if in direct possession of the driver, a non-moving violation ticket ($100-ish fine with no points) if it's in the possession of a passenger or out of the drivers immediate control. Like any other ticket, no court appearance is necessary unless you want to fight it.

I wouldn't worry about a box of bottles on the back seat. The cop would have to be a dick to write a ticket for that, unless they're giving you a break by writing a non-moving open container ticket instead of a speeding ticket with points.
 
depending on your state, yes you can get a citation for open container even if it is empty. like in the "thought experiment" if it is empty that could mean you just drank it. its the cop's call if you have actually been drinking or not.

in texas you can still get in trouble if someone else besides the driver has an open container OR if there is a single beer missing from an 6 pack.

trunk is the best bet.
 
When I arrived in the USA I had to give up rolling my own cigarettes when I found out that I could get busted for just having packs of papers in my car if I didn't have any tobacco. Weird.
 
Probably helped you out actually! I read an article once where they said the best way to get out of a ticket is to get the officer involved in a conversation. Psychologically it "humanizes" you which makes it easier for them to let you go with a warning. :p


I try and make a traffic stop as uneventful an event as possible (not that I know from too much experience). In my book, empties (brew) are probable cause to further investigate a vehicle, which for some people could be a bad thing (Sort of like having an aligator clip hanging from your rear view mirror.). My brother (when he was alive) would toss his empties in the bed of his truck. I'd think that a cop would be more likely to give you a summons/sobriety test if he saw a lot of beer cans or bottles rolling around. If you don't get a ticket for DUI you could get a ticket for driving while impaired (officer's call).
 
My 16 year old son just finished his drivers ed class, Thet told him that in michigan, if he was taking back my empties to the store, in a bag, in the back of the car, he could be written up for minor in possesion. He probably wouldnt be written up, but If your pissy with the cops, and they are having a bad day, then watch out. My rule is if you got pulled over you were probably doing something wrong, be respectful and do what they ask. If you want to fight, or be an ass then do that in court.
 
My rule is if you got pulled over you were probably doing something wrong

With the exception of this one assertion, +1 on your post.

The point is that if you got on a cop's bad side, open container laws could be used to bust you even if you are carrying around empties. Like the OP, I'd be mighty nervous if a cop asked me about empties in my back seat, even if I wasn't doing anything wrong.
 
With the exception of this one assertion, +1 on your post.

The point is that if you got on a cop's bad side, open container laws could be used to bust you even if you are carrying around empties. Like the OP, I'd be mighty nervous if a cop asked me about empties in my back seat, even if I wasn't doing anything wrong.

Yeah I guess your right about that. I guess I dont fit any profile where I get pulled over for bogus reasons.
 
Its a state by state thing. In VA, it is most definitely illegal to have open containers. I remember when I was a kid my parents and I were coming home from one of my friend's house, and they had a bottle of wine that was about half done, and corked, and a cop questioned them about it. I had a buddy who got busted for a coors light can in his backseat, but he wasn't drinking at the time. IMO you are probably better off with 12+ empties in a box, then just one empty.

I had a buddy tell me that in one state (I think it was Ohio, but I am not sure) you are allowed to drink and drive if you are below the limit. I guess any state without an open container policy is that way technically.

This is correct, and (at least in VA) you can get ticketed just for having a visible open bottle, even if you're not in your car. Standing on your front lawn with a beer can land you a ticket. Most cops will just give you a verbal warning and go away. Fortunately I drink out of glasses anyway :p
 
With the exception of this one assertion, +1 on your post.

The point is that if you got on a cop's bad side, open container laws could be used to bust you even if you are carrying around empties. Like the OP, I'd be mighty nervous if a cop asked me about empties in my back seat, even if I wasn't doing anything wrong.

again, this is wrong, and silly

here is the NYS code that prohibits street drinking:

§ 10-125 Consumption of alcohol on streets prohibited. a. Definitions.
Whenever used in this section, the following terms are defined as
follows:
1. Alcoholic beverage. Any liquid intended for human consumption
containing more than one-half of one percent (.005) of alcohol by
volume.
2. Public place. A place to which the public or a substantial group of
persons has access including, but not limited to, any highway, street,
road, sidewalk, parking area, shopping area, place of amusement,
playground, park or beach located within the city except that the
definition of a public place shall not include those premises duly
licensed for the sale and consumption of alcoholic beverages on the
premises or within their own private property. Such public place shall
also include the interior of any stationary motor vehicle which is on
any highway, street, road, parking area, shopping area, playground, park
or beach located within the city.
b. No person shall drink or consume an alcoholic beverage, or possess,
with intent to drink or consume, an open container containing an
alcoholic beverage
in any public place except at a block party, feast or
similar function for which a permit has been obtained.
c. Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did
intend to consume the contents thereof in violation of this section.
d. Nothing in this section shall be deemed to prohibit the consumption
of an alcoholic beverage in any duly licensed establishment whose
certificate of occupancy extends upon a street.
e. Any person who shall be found to have violated any of the
provisions of this section shall be punished by a fine of not more than
twenty-five dollars ($25) or imprisonment of up to five (5) days, or
both, or pursuant to the provisions of the family court act of the state
of New York where applicable.

i guess i'll repost the vehicle code...

§ 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.

do you really think it's illegal to own and transport 12oz brown bottles?
 
having an empty bottle is one thing. a cop using the presence of an empty bottle as evidence that you were drinking is something else.

it is not against the law to walk down the street with an empty beer bottle.
 
I got 18 cases of empties in my stang after a beer festival earlier this year. All the swmbo could say was I hope we don't get pulled over. At least it would have been an interesting story.
 
do you really think it's illegal to own and transport 12oz brown bottles?

No, but what I think and what a cop thinks are two different things. If the cop wants to write you a ticket for whatever reason they will find a way. Did you know that there are over 200 reasons you can pull someone over?
 
This is correct, and (at least in VA) you can get ticketed just for having a visible open bottle, even if you're not in your car. Standing on your front lawn with a beer can land you a ticket. Most cops will just give you a verbal warning and go away. Fortunately I drink out of glasses anyway :p

You can't even drink on your own property? WTF?
 
again, this is wrong, and silly

here is the NYS code that prohibits street drinking:



i guess i'll repost the vehicle code...



do you really think it's illegal to own and transport 12oz brown bottles?

it doesn't matter what the law actually says, it is what the cops actually do. try asking them to recite the code to you... again, it's the officers descretion. you may beat the rap but you won't beat the ride. it's called revenue generation.

The NY code is pretty simple, Texas gets a little more detailed:

Sec. 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.
 
You can't even drink on your own property? WTF?

On your front lawn, if it's a visible open container. I know you can in your back yard but I don't know if it has to be fenced in or not. A guy I know got a warning from a cop for drinking out of a bottle in his front yard. He just had to pour it into a cup and everything was ok. You can also receive a DUI/DWI if you're on a lawnmower :p
 
My 16 year old son just finished his drivers ed class, Thet told him that in michigan, if he was taking back my empties to the store, in a bag, in the back of the car, he could be written up for minor in possesion. He probably wouldnt be written up, but If your pissy with the cops, and they are having a bad day, then watch out. My rule is if you got pulled over you were probably doing something wrong, be respectful and do what they ask. If you want to fight, or be an ass then do that in court.

Complete BS. Depending on where you live cops will pull you over for whatever reason they want. They'll even make up bullcrap reasons I.E. a license plate light out that conveniently works when you check it. I get off of work at 2:30-3:00am. When I was living in Gilbert, AZ in an 18 month span of time I got pulled over 14 times for driving home. I work at a school that is open 24/7. Each time I got questions about being drunk, why I am out at this hour (like driving at 3am meant I was doing something wrong {yes, this is the tone the officers would give me}) and I've even been told "there are no schools open at this time". Since I moved to Chandler (about 18 months now) I haven't been pulled over a single time.

By your reasoning I was doing something wrong while living in Gilbert, and nothing while living in Chandler.
 
Complete BS. Depending on where you live cops will pull you over for whatever reason they want. They'll even make up bullcrap reasons I.E. a license plate light out that conveniently works when you check it. I get off of work at 2:30-3:00am. When I was living in Gilbert, AZ in an 18 month span of time I got pulled over 14 times for driving home. I work at a school that is open 24/7. Each time I got questions about being drunk, why I am out at this hour (like driving at 3am meant I was doing something wrong {yes, this is the tone the officers would give me}) and I've even been told "there are no schools open at this time". Since I moved to Chandler (about 18 months now) I haven't been pulled over a single time.

By your reasoning I was doing something wrong while living in Gilbert, and nothing while living in Chandler.

I was going more from personal experience, and did qualify it futher a few post down. I do understand the police do profile people wether they are suppose to or not. My wifes uncle was moving from texas to michigan, and loaded alot of their belonging in an RV and headed north. He was stopped 8 times on the way north. Something about a middle age man alone in a RV screamed drug runner to the police.
 
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