almost got busted for emptys

[motobrewer]

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?

 

[motobrewer]

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.

 

[Puckhead]

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.

 

[Tinga]

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?

 

[realjd]

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

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

 

[redcoat_or_rebel]

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.

 

[Teromous]

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

 

[dfc]

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.

 

[brew95]

Yeah I guess your right about that. I guess I dont fit any profile where I get pulled over for bogus reasons.

But your 16 year old does.

 

[mlyday]

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.

 

[mlyday]

But your 16 year old does.

Yes he does. And has been instructed on how to handle himself in this situation.

 

[motobrewer]

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?

ok, that's not exactly what i was talking about. they cannot write you a ticket for having empty beer bottles, because it's not illegal. at least not in NYS

 

[Rich_S]

A bottle that has had its label removed and has been rinsed out is NOT an open container.

 

[Tinga]

A bottle that has had its label removed and has been rinsed out is NOT an open container.

source?

 

[Qhrumphf]

In the name of caution I'd assume that in the Texas code "any amount of an alcoholic beverage" would include trace amounts (and likely similar code elsewhere). I'd assume that a cop with a stick up his a$$ could ticket you for even a rinsed out bottle.

I've been pulled over several times and accused of being a drug runner (after I'd moved to a different state and hadn't re-registered my car yet). Never got any ticket from it, politely refused when asked if they could search my car without a warrant (no, there was nothing illegal in my car, but I'm one of those a$$holes who is adamant on my rights against unreasonable search and seizure). Since I was doing absolutely nothing wrong, and they were just harassing me with absolutely no grounds, had to let me go. Now if I'd had empties openly visible in my car, that's a gray area where I'm sure I would have gotten a ticket.

Point is, even if it won't stick, cop can still be a prick about it. Put em in the trunk, where it's definitely legal.

 

[lextasy23]

I was driving from my parents' house to my house with a 6.5 gallon carboy, full of beer. Never got pulled over, but I was kinda hoping I would, just to chuckle with the cop about the open container law. I made it home safe, so did the beer. (And it came out awesome).

I highly recommend mobile secondaries. :cross:

 

[screamingcities]

I was driving from my parents' house to my house with a 6.5 gallon carboy, full of beer. Never got pulled over, but I was kinda hoping I would, just to chuckle with the cop about the open container law. I made it home safe, so did the beer. (And it came out awesome).

I highly recommend mobile secondaries. :cross:

So you're suggesting that we start aerating our wort by strapping it to the back of a truck while off-roading? :rockin:

 

[Rich_S]

source?

Logic.

 

[realjd]

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

That's totally lame. Here in Florida, as long as you aren't in the public right of way you are good to go. Hell, you can even openly carry a gun without a permit on your own property, including your front yard. Hopefully nobody exercises both rights simultaneously!

We don't have a public intox law either! They can give you a DUI on any vehicle though including bikes, scooters, lawnmowers, and even wheelchairs. But again, I think it only applies to public roads.

 

[Laughing_Gnome_Invisible]

Here in OH (In my town at least) I can't drink on my front lawn.....And all bars are condemned to be grotty little windowless piss holes, just in case someone can see the punters drinking. It's medieval IMO

 

[Teromous]

That's totally lame. Here in Florida, as long as you aren't in the public right of way you are good to go. Hell, you can even openly carry a gun without a permit on your own property, including your front yard. Hopefully nobody exercises both rights simultaneously!

We don't have a public intox law either! They can give you a DUI on any vehicle though including bikes, scooters, lawnmowers, and even wheelchairs. But again, I think it only applies to public roads.

You can carry a gun openly. You only need a permit when trying to conceal it. It's best to get a concealed carry permit even if you open carry though, because it saves a lot of trouble if you have a baggy shirt or winter coat that slips over the top of your holster on accident.

 

[Sweetchuck]

Yeah - open container law.

Pretty stupid law IMO. Drunk asses riding along will just throw their empty containers out onto the road so as to not chance being caught with an open container.

Same with the beach I go to. You can drink there, but people were getting busted with open container laws when they were taking them back off the beach with them (you can drive on this beach), so they just started leaving them there.

Over-engineering leads to idiocy.

 

[uncommonsense]

Put the da*n bottles in the trunk already.

M_C

I would but the lever on my trunk is broken. Fixing it is out of my skill level and out of my budget right now

 

[brew95]

In the name of caution I'd assume that in the Texas code "any amount of an alcoholic beverage" would include trace amounts (and likely similar code elsewhere). I'd assume that a cop with a stick up his a$$ could ticket you for even a rinsed out bottle.

In Texas, it is common when someone is caught with a just crackpipe for them to be arrested for Possession of a Controlled Substance (Cocaine), based on the residue in the pipe. So if you are in East Middle of Nowhere, the Local Boss Hogg and Roscoe, could probably arrest you for having a rinsed out bottle, but in Harris County (Houston) the ADA's would hang up on the cop that asked for that charge.

 

[lextasy23]

So you're suggesting that we start aerating our wort by strapping it to the back of a truck while off-roading? :rockin:

yup exactly. haha actually it had a pretty easy ride, and i kept movement to a minimum. no sloshing whatsoever.

"Belgian Dark"

 

[SDCore]

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.

Why is your cop a she? Was this a real life example.. Or am i being sexist?

 

[WhiskeyR]

Why is your cop a she? Was this a real life example.. Or am i being sexist?

I noticed that too. Was she hot?

 

[Chia]

a friend of mine had been out hiking and picked up trash along the trail. several beer cans made their way into his bag of trash and he had it in the floorboard of his car as he came home. he was not drunk, drinking, or under any influence, but was busted for open container.... say what you want about what is legal, but legal has nothing to do with cops. jmho

 

[Caucasian]

Logic.

Logic and law enforcement are are like oil and water.

 

[iaefebs]

"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."

8 cops between Texas and Michigan watch "Breaking Bad".