Open Container Law Question - VTXOA
 
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post #1 of 8 (permalink) Old 01-23-2005, 07:26 PM Thread Starter
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Open Container Law Question

I've searched on the Internet, and could not find the answer to this question. I'm hoping that some of the Law Enforcement or attorney members might know the answer. I'm looking for info related to SC specifically, but would appreciate any facts concerning other states, also.

Open container laws prohibit an open alcoholic container in the passenger compartment. That means if you leave a party with a half-bottle of wine or liquor, you must store it in the trunk of your car. Here in SC (and probably other states), it's my understanding that there is an exclusion for SUV's, vans, etc. Since these vehicles have no trunk, the open container must be inaccessible to the driver, supposedly in the very back of the vehicle. Now my question:

How are open container laws applied to motorcycles? If I had a half-bottle of wine or liquor in my saddlebag, and was NOT drinking alcohol, could I be charged with violation of the open container law?

Thanks,
Eddie

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post #2 of 8 (permalink) Old 01-23-2005, 07:30 PM
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Open containers are not illegal in the state of Colorado.....but they are illegal in virtually every city in Colorado.
post #3 of 8 (permalink) Old 01-23-2005, 08:29 PM
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Unless expressley excepted, I'd say it's largely up to the Officer that found it... If you're being a dick, you're going to jail. Then it's up to the court to decide.

Eddie, when was the last time you were searched by the law? The one and only time for me was 33 years ago.



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post #4 of 8 (permalink) Old 01-23-2005, 08:29 PM
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Buy a GoldWing it has a trunk!!

I do not know, I'll have to ask the police officer the next time I'm pulled for something!

B.

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post #5 of 8 (permalink) Old 01-23-2005, 08:33 PM
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Eddie .. There are no exclusions written in the law for vans, suv, or motorcycles. In the trunk of a vehicle no one has access to it unless you stop the vehicle and open the trunk. Vans, suv, and motorcycles make it easily accessable to passangers while driving, and there for is illeagal in SC.

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post #6 of 8 (permalink) Old 01-23-2005, 11:14 PM
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yep, same in IL.

There are no stupid questions,
There's just a lot of inquisitive idiots.
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post #7 of 8 (permalink) Old 01-24-2005, 12:03 AM
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There is a federal guideline for open container laws and a lot of states do not meet this guideline. Therefore, they lose federal monies. Indiana is one of them. Indiana law says the driver cannot permit an open container in the passenger area if he (she) has been drinking and test .04% or higher. Can't say about your state. Every year or so, MADD and other groups appeal to our reps at the state house to make DUI laws tougher. They add on another violation or so. Open container was one, going from .15% to .08% was another, here in Indiana. In my area, the DUI arrests have not dropped, just created more paper work for the Officer to fill out.
In my opinion, the saddlebags would be in the passenger area. Also in my opinion, a guy like Eddie would not be drinking and test .04% or more and be controlling a motorcycle. Your welcome in Indiana anytime Eddie.
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post #8 of 8 (permalink) Old 01-24-2005, 12:12 AM
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Quote:
Originally Posted by Black Mtn Man
Open containers are not illegal in the state of Colorado.....but they are illegal in virtually every city in Colorado.
Yeppers, my one and only arrest was for drinking Coors pony cans when I was 18 in the back seat of a classmates car. Me and the guy in the back seat took the heat for the driver.

Those were some of my stupid moments
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