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Message
PSA - Possession of Alcohol in Vehicle
Posted on 5/4/14 at 2:50 pm
Posted on 5/4/14 at 2:50 pm
While reading the Advocate I noticed the use of Possession of Alcohol in a Vehicle in lieu of the usual Open Container as a charge in several recent DWI's. A check of the Statute revealed that, besides the obvious open beer in the cup holder, an "open container" can be defined as:
(3)(a) "Open alcoholic beverage container" means any bottle, can, or other receptacle that contains any amount of alcoholic beverage and to which any of the following is applicable:
(i) It is open or has a broken seal.
(ii) Its contents have been partially removed.
So heads up, taking half a fifth of bourbon over to a party is a no-no these days. Basically, once you crack the seal on a liquor bottle or uncork a wine bottle, you can't transport it in your car.
The more you know...
(3)(a) "Open alcoholic beverage container" means any bottle, can, or other receptacle that contains any amount of alcoholic beverage and to which any of the following is applicable:
(i) It is open or has a broken seal.
(ii) Its contents have been partially removed.
So heads up, taking half a fifth of bourbon over to a party is a no-no these days. Basically, once you crack the seal on a liquor bottle or uncork a wine bottle, you can't transport it in your car.
The more you know...
18
Posted on 5/4/14 at 2:51 pm to jbgleason
Thanks
Posted on 5/4/14 at 2:51 pm to jbgleason
I'd just stick in the trunk/bed. Any rules against that?
Posted on 5/4/14 at 2:52 pm to jbgleason
Don't pull me over during hunting season. Whiskey is always in the truck.
Posted on 5/4/14 at 2:52 pm to jbgleason
You can put it in the trunk
Posted on 5/4/14 at 2:54 pm to Paige
Paige is correct. This only applies to passenger compartment. I have two SUV's so I am screwed. Strap it to the roof rack I guess.
Posted on 5/4/14 at 2:56 pm to jbgleason
What dumbass law
Posted on 5/4/14 at 2:56 pm to jbgleason
quote:
So heads up, taking half a fifth of bourbon over to a party is a no-no these days. Basically, once you crack the seal on a liquor bottle or uncork a wine bottle, you can't transport it in your car.
There's any number of places to shove a bottle in my truck
Posted on 5/4/14 at 3:02 pm to jbgleason
I doubt this is really enforced.
Posted on 5/4/14 at 3:04 pm to jbgleason
And New Orleans is trying to crack down on drive-through Daiquiri's and go-cups. 
Posted on 5/4/14 at 3:05 pm to Boats n Hose
quote:
There's any number of places to shove a bottle
Indeed
Posted on 5/4/14 at 3:06 pm to jbgleason
quote:
(4) "Passenger area" means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. It shall not mean a locked glove compartment or behind the last upright seat, or any area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.
R.S. 32:300
Posted on 5/4/14 at 3:06 pm to lsut2005
Read the DWI arrests from last night. Multiple times they charged for it. Granted, no way to know the circumstances but I would bet money the Task Force guys know this statute forwards and backwards and they don't strike me (having been through several of their checkpoints) as the most flexible group of guys. I would tend to think they would write you a ticket for it even if you passed the field test.
But hey, I was just pointing it out. You feel free to throw half a pint of Jack on your dashboard and let me know how that works out.
But hey, I was just pointing it out. You feel free to throw half a pint of Jack on your dashboard and let me know how that works out.
Posted on 5/4/14 at 3:07 pm to Jet12
But they tape them up
Posted on 5/4/14 at 3:07 pm to TigerattheU
Nice. Thanks for that. Now we all learned something. Kind of the point of a PSA thread.
Posted on 5/4/14 at 3:15 pm to jbgleason
Well that would be a bummer; I didn't want anyone to get their day ruined. 
Posted on 5/4/14 at 3:45 pm to jbgleason
Thought this was common knowledge
Posted on 5/4/14 at 3:53 pm to Paige
So can you tape an open liquor bottle?
Posted on 5/4/14 at 3:55 pm to jbgleason
quote:Exactly.
Read the DWI arrests from last night. Multiple times they charged for it. Granted, no way to know the circumstances
I HIGHLY doubt that anyone would be ticketed for having a fifth with a broken seal in their vehicle, IN LOUISIANA- at that, if they weren't drunk/drinking.
Posted on 5/4/14 at 4:15 pm to jbgleason
Along with that...a ticket for an open container in a vehicle can carry the same penalties and fines as a DWI. At least that was the case about 15 years ago.
Got caught with a mixed drink in my cup holder...passed all tests and breathalyzer (wasn't even close to drunk), and got slammed by a judge. I wouldn't call her racist (black female judge), but I was handed down some of the stiffest penalties of the afternoon...
$250 fine
32 hours community service
Driving school
Alcohol/substance awareness class
6 months probation
Was a pretty shitty experience.
Got caught with a mixed drink in my cup holder...passed all tests and breathalyzer (wasn't even close to drunk), and got slammed by a judge. I wouldn't call her racist (black female judge), but I was handed down some of the stiffest penalties of the afternoon...
$250 fine
32 hours community service
Driving school
Alcohol/substance awareness class
6 months probation
Was a pretty shitty experience.
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