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My buddy's dad always would crack a beer open every day after he picked us up after working growing up on the way home. He would have 2-3 by the time we hit the neighborhood. He couldn't get a dwi, but what could he have gotten?(ticket wise)
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why couldnt he get a DWI? -
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back then he wouldn't have gotten a ticket, there was no open container law back then.
In Texas the open container law makes it illegal to have an open container containing any ammount of alcohol in the passenger area of a vehicleComment
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Even opened cases of beer with beers missing is considered "open container"Originally posted by Silverback View PostComment
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open container.... with a dick cop you could go to jail. or you can be smart and get good at screwing the lids back on bottles. that way if you get pulled over, it is still a sealed conatiner (just like transporting an open bottle of wine with a cork in it. as long as it's sealed, your good.... now the DWI part... different storyfirst class white trashComment
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"As of September 1, 2001, it became illegal in the state to possess an open container of alcohol in a motor vehicle. The law that passed and went into effect makes it illegal to possess an open container of alcohol in the passenger area of any motor vehicle on a public highway or the right-of-way (shoulder) adjacent to a public highway.
An open container was defined, by the legislature, as a bottle, can, or other similar item that contains or can contain any amount of alcoholic beverage and that has been opened, has a broken seal, or the contents of which have been partially removed.
The passenger area of a motor vehicle is the part of a car or other vehicle that is designed for people, like the driver and passengers, to sit. The glove compartment or any other similar storage container that is locked is not part of the passenger area. The trunk of the vehicle or the area behind the last seat of the vehicle, if the vehicle lacks a trunk, does not constitute the passenger area either.
Open container violations do not require that the car be moving when the container is found. For example, a car parked on the side of the road is still subject to open container violations. There is not supposed to be an open container in the passenger area of a motor vehicle regardless of whether the vehicle is in use or is parked or stopped."Comment
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That's just an interpretation problem. Any good attorney could get that charge dismissed if that's the only evidence of "open container". And other than a cop just being a dick, most wouldn't write a ticket for that.Originally posted by Trip McNeely View PostComment
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True, but a lot of people in college got them for that very reason. UNT police suck.Originally posted by Silverback View PostComment
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It's a class C Misdemeanor, if a cop is taking you to jail, it's for something else.Originally posted by forbes View PostComment
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UNT police are stupid. Cops can write you a citation for anything, that's why we have judges and attorneys who interrpret the law and give judgement.Originally posted by Trip McNeely View Post
Reason 100010101 the Judge Dread concept would never work
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LEO's please correct me if I am wrong.....but I am under the impression that an open container would be a ticketable offense and you would not be taken to jail. Now if you were cited for an open container and the LEO had reason to belive you were intoxicated that's another story.Comment
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ยง 49.031. Possession of Alcoholic Beverage in Motor Vehicle.Originally posted by SVTNorthTexas View Post
(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.
(c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in:
(1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or
(2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.
(d) An offense under this section is a Class C misdemeanor.
(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.Comment
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Could you be cited for violation of open container if you had a bottle in the locked glovebox or behind the back seat with a hose attached like a straw to drink from it?
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