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Open Containers
Posted by: Tia2 ()
Date: June 15, 2007 10:23AM

See link:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+18.2-323.1+500209

If you have a passenger in the car who is drinking/holding an open container of beer/liquor, is that a violation?

I understand from speaking to others that if you are driving by yourself, and you have an open container within arms reach, you will get a ticket. I am also being told that if you have passengers with you, and they are holding open beer cans, that you will not get a ticket nor will they.

Just trying to find out the corect answer.
Thanks

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Re: Open Containers
Posted by: RESton Peace ()
Date: June 15, 2007 12:19PM

dead link

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Re: Open Containers
Posted by: Tia2 ()
Date: June 15, 2007 12:59PM


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Re: Open Containers
Posted by: Gravis ()
Date: June 15, 2007 02:51PM

"Class 4 misdemeanor" != "ticket"

while an interesting academic question, the cop can decide what the law means and the judge will go with it.

now... what if you are holding the "open container" out the window while you drive?   :P


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."095042938540

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Re: Open Containers
Posted by: trogdor! ()
Date: June 15, 2007 06:34PM

18.2-323.1. Drinking while operating a motor vehicle; possession of open container while operating a motor vehicle and presumption; penalty.

A. It shall be unlawful for any person to consume an alcoholic beverage while driving a motor vehicle upon a public highway of this Commonwealth.

B. A rebuttable presumption that the driver has consumed an alcoholic beverage in violation of this section shall be created if (i) an open container is located within the passenger area of the motor vehicle, (ii) the alcoholic beverage in the open container has been at least partially removed and (iii) the appearance, conduct, odor of alcohol, speech or other physical characteristic of the driver of the motor vehicle may be reasonably associated with the consumption of an alcoholic beverage.

For the purposes of this section:

"Open container" means any vessel containing an alcoholic beverage, except the originally sealed manufacturer's container.

"Passenger area" means the area designed to seat the driver of any motor vehicle, any area within the reach of the driver, including an unlocked glove compartment, and the area designed to seat passengers. This term shall not include the trunk of any passenger vehicle, the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle or any similar vehicle, the living quarters of a motor home, or the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation, including a bus, taxi, or limousine, while engaged in the transportation of such persons.

C. A violation of this section is punishable as a Class 4 misdemeanor.

(1989, c. 343; 2002, c. 890.)

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Re: Open Containers
Posted by: KeepOnTruckin ()
Date: June 15, 2007 06:52PM

ok, so you either lock it in your glove box or throw it in you trunk. if you cant get to your trunk from the passenger area then too bad.

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Re: Open Containers
Posted by: say what ()
Date: June 15, 2007 07:08PM

Put it in a coozie or whatever they call those things that keep beer cool. Just dont make it a beer logo type.

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Re: Open Containers
Posted by: Tia2 ()
Date: June 18, 2007 09:55AM

I understand the VA code as I have read it and posted a link to it myself. My question still is:

Can the passengers in the car have open containers of beer/liquor and not get arrested since they are not driving?

The code states that is it unlawful if your are the person driving...

Thanks

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Re: Open Containers
Posted by: . ()
Date: June 18, 2007 10:03AM

It's illegal in Fairfax County. Here is the code section:

Section 5-1-25. Possession of open alcoholic beverage containers prohibited.
It shall be unlawful for any person to possess an open alcoholic beverage container while in a public park, playground, or on a public street. Violations of this Section shall be punished as a Class 4 misdemeanor.
(30-91-5.)

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Re: Open Containers
Posted by: Tia2 ()
Date: June 18, 2007 11:09AM

Public park, playground or public street....

THANKS

Someone, anyone - "passenger in a car" - yes or no

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Re: Open Containers
Posted by: . ()
Date: June 18, 2007 11:25AM

Yes,

"Any person" covers everyone, even passengers.

"Public street" covers almost everywhere in a car.

Hope this helps.

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Re: Open Containers
Posted by: pgens ()
Date: June 18, 2007 11:27AM

Tia2 Wrote:
-------------------------------------------------------
> Public park, playground or public street....
>
> THANKS
>
> Someone, anyone - "passenger in a car" - yes or no

Why don't you call the police department, local magistrate, or one of those free legal defense lines to get the right answer? Anyone here can post wrong info even if they say "I know I'm right on this."

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Re: Open Containers
Posted by: RESton Peace ()
Date: June 18, 2007 11:35AM

hmm see the wiki. It says there is NO law ehen you've clearly linked to a law.



Edited 1 time(s). Last edit at 06/18/2007 11:37AM by RESton Peace.
Attachments:
Open_container_map_2006.gif

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Re: Open Containers
Posted by: RESton Peace ()
Date: June 18, 2007 11:39AM

Ah that map is as of jan 1 2006, out of date

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Re: Open Containers
Posted by: Tia2 ()
Date: June 18, 2007 12:18PM

Got the answer - thanks everyone...


"The driver is responsible for all the open containers in the car," Richmond attorney Dave Worrell said.

In addition, the passengers can refuse to take the breathalizer test but according to the attorney, when you apply for your driver's license in VA you are automatically agreeing to taking the test should you be asked by an Officer.

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Re: Open Containers
Posted by: Gravis ()
Date: June 18, 2007 06:55PM

RESton Peace Wrote:
-------------------------------------------------------
> hmm see the wiki. It says there is NO law ehen
> you've clearly linked to a law.


since when was wikipedia a credible source of information?


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."095042938540

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Re: Open Containers
Posted by: RESton Peace ()
Date: June 18, 2007 10:51PM

since when is fairfax underground a credible source of information?

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Re: Open Containers
Posted by: bdimag ()
Date: June 19, 2007 09:07AM

RESton Peace Wrote:
-------------------------------------------------------
> Ah that map is as of jan 1 2006, out of date



Not so much out of date, as it is, completely wrong...


OPEN CONTAINER Misdemeanor 08/24/05 Nolle Prosequi

Offense Date: 02/25/05


That was me... my friend for whatever reason claimed some of the open containers in question to be his.. so we both got underage possession.. I woulda taken all blame - but you know when cops split you up to get your stories - if you dont have one worked out - better not lie..



Edited 2 time(s). Last edit at 06/19/2007 09:08AM by bdimag.

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Re: Open Containers
Posted by: Tia2 ()
Date: June 19, 2007 11:32AM

bdimag Wrote:
-------------------------------------------------------
> RESton Peace Wrote:
> --------------------------------------------------
>
>
>
> That was me... my friend for whatever reason
> claimed some of the open containers in question to
> be his.. so we both got underage possession..

UNDERAGE POSSESSION is a totally different topic.

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Re: Open Containers
Posted by: Lurker. ()
Date: June 19, 2007 11:44AM

Years ago a passenger could have an open container in a car in FFX. The law has since changed. Any open alcohol container, (yes this includes cups sometimes exempt in some States) is illegal in FFX.

However, since Virginians love to fish, it is legal to have open containers on private boats.

I believe it is also legal to have open containers in chartered limos and buses. (We wouldn't want to infringe upon Congressman.)

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Re: Open Containers
Posted by: bdimag ()
Date: June 19, 2007 12:11PM

You missed my point completely... on top of the underage possession I recieved an open container.. my friend who also had claimed some beer as his (with open & empty bottles) only got an underage possession..

I had unopened beer, but a 2/3 drank bottle of my good friend Mr. Boston.. which is also why i wasnt driving my car (like i said in another post - i drink and drive responsibly)..

ya know.. we were on telegraph road - coming to the intersection of beaulah st (going towards hayfield).. we needed to stop at a 7-11 and had previously decided to go to the telegraph rd 7-11, but forgot and had already turned left on beaulah and then decided to go to the beaulah 7-11 (i should have known better and just turned around - but..)


and i got a question for you, cause it still bugs the shit outta me.. If your in your friends station wagon, and he tells you to hide all the alcohol because a cop just pulled into the lot.. where would you put it?

cause my friend put it in the truck... of a station wagon.. the trunk of a station wagon.. yes, he did... he might as well have put it on his lap - then he would have got in trouble!


OPEN CONTAINER Misdemeanor 08/24/05 Nolle Prosequi
DRINKING ALCOHOL IN Misdemeanor 02/24/06 Dismissed

2 offenses at once - Underage possession --> D.I.P. --> dismissed


those were the days...

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Re: Open Containers
Posted by: KeepOnTruckin ()
Date: June 20, 2007 01:29PM

uh, open containers in teh trunk of a station wagon is ok.

and im prtty shure you can get a BWI-boating while intoxicated, and still get all the penalties for DWI.

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Re: Open Containers
Posted by: bdimag ()
Date: June 20, 2007 02:45PM

but when i say trunk i mean, over the seat on the ground.. theres no cover..

and i had the rum under front seat..

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Re: Open Containers
Posted by: KeepOnTruckin ()
Date: June 20, 2007 06:36PM

yeah according to VA law if its behind the last passenger seat its ok.

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Re: Open Containers
Posted by: bdimag ()
Date: June 21, 2007 10:40AM

stupid rum.. nolle pros. anyways though


very good to know... just incase - i dont plan to practice this..



Edited 1 time(s). Last edit at 06/21/2007 10:41AM by bdimag.

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Re: Open Containers
Posted by: War Money ()
Date: June 26, 2007 04:45PM

So is it an arrestable offense, even if you aren't drunk? I like to grab a pint after work for the long ride home. I know I would get a ticket, but would I go to the slammer as well?

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Re: Open Containers
Posted by: inkahootz ()
Date: June 26, 2007 04:55PM

j



Edited 1 time(s). Last edit at 06/01/2010 04:36AM by inkahootz.

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Re: Open Containers
Posted by: bdimag ()
Date: June 27, 2007 12:34PM

responsible drinking and driving = passing out in driver seat

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Re: Open Containers
Posted by: Tia2 ()
Date: June 27, 2007 01:45PM

War Money Wrote:
-------------------------------------------------------
> So is it an arrestable offense, even if you aren't
> drunk? I like to grab a pint after work for the
> long ride home. I know I would get a ticket, but
> would I go to the slammer as well?

18.2-323.1 CONSUMING ALCOHOLIC BEVERAGE WHILE DRIVING (C)4 $300 Misdemeanor 4

Just a fine unless you are intoxicated.

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Re: Open Containers
Posted by: bdimag ()
Date: June 27, 2007 03:40PM

interesting..

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Re: Open Containers
Posted by: War Money ()
Date: June 29, 2007 09:43AM

Oh ya, That is soooo worth it.

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Re: Open Containers
Posted by: bdimag ()
Date: June 29, 2007 02:21PM

you sound like you dont get caught.. so...

lets say worse case scenario you get caught once a year...

I'd say its worth it... Its like a "liesure fee" of less than $1 a day to be able to relax during shitty rush hour traffic..

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Re: Open Containers
Posted by: BEOTCH ()
Date: June 30, 2007 12:17AM

Just tell your alcoholic friends to calm down and wait until you arrive at your destination to start drinking.

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