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Started By
Message
What are the laws for open container in a parking lot?
Posted on 3/29/14 at 7:06 pm
Posted on 3/29/14 at 7:06 pm
Friend of mine got one Thursday evening. He wasn't drunk and vehicle was not running. Keys were sitting on passenger seat. He was waiting on me to go do some stuff. A cop out of jurisdiction walked by his vehicle and saw the beer. He was a complete dick and called the sheriffs office. Sheriff wrote the ticket. Should he fight it?
8
Posted on 3/29/14 at 7:07 pm to DeepSouthSportsman
quote:
Should he fight it?
Definitely
Posted on 3/29/14 at 7:08 pm to DeepSouthSportsman
You can't have an open container in public or in a vehicle.
You, or your friend, has no case.
You, or your friend, has no case.
Posted on 3/29/14 at 7:11 pm to Corilla
Even though he is on private property?
I have no case but I'm curious.
I have no case but I'm curious.
This post was edited on 3/29/14 at 7:12 pm
Posted on 3/29/14 at 7:12 pm to Corilla
Wouldn't the owner of the store have to press charges? A store parking lot is still private land
Posted on 3/29/14 at 7:12 pm to DeepSouthSportsman
If your friend has a clean record I'm sure they could strike a deal to make it go away. Not fighting it would be dumb.
This post was edited on 3/29/14 at 7:13 pm
Posted on 3/29/14 at 7:12 pm to DeepSouthSportsman
quote:
Even though he is on private property?
Complete bullshite. Open container laws are ridiculous anyway.
Posted on 3/29/14 at 7:13 pm to fightingtiger2335
Owner of restaurant is a mutual friend as well.
Posted on 3/29/14 at 7:14 pm to DeepSouthSportsman
It's asking for trouble to have open alcohol in your car. I assume he mouthed off too...
Posted on 3/29/14 at 7:15 pm to DeepSouthSportsman
Absolutely he should fight it.
Parking lot being private land and testimony from the friend (you) should help him out.
Parking lot being private land and testimony from the friend (you) should help him out.
Posted on 3/29/14 at 7:15 pm to fr33manator
What's the price of ticket anyways? I'm also assuming it's considered a non moving citation.
Posted on 3/29/14 at 7:16 pm to Corilla
But an off duty cop should mind his own business on private land where the owner of land is fine with it
Posted on 3/29/14 at 7:17 pm to DeepSouthSportsman
aren't some parking lots public land?
Posted on 3/29/14 at 7:17 pm to fightingtiger2335
What he should do isn't a matter of the law. What he did do is lawful.
Posted on 3/29/14 at 7:17 pm to Corilla
I'd be seriously surprised if he mouthed off at the get go. By the end of ordeal, he made a smart arse comment or two. I really don't blame him for it though.
Posted on 3/29/14 at 7:19 pm to Corilla
Its not against the law to have a beer sitting in a car with no keys in it on private land. If I'm sitting in my backyard on tailgate and hace a beer I would like a cop not to try to be a hero because he got picked on in hs
Posted on 3/29/14 at 7:20 pm to DeepSouthSportsman
I mean, is a cop suppose to ignore someone sitting in their car with an open container?
Then he'd likely have it come back on him as he's seen as a moral compass if said vehicle owner then drives and kills someone while intoxicated.
I don't see a case from your friend.
Then he'd likely have it come back on him as he's seen as a moral compass if said vehicle owner then drives and kills someone while intoxicated.
I don't see a case from your friend.
Posted on 3/29/14 at 7:21 pm to Buddy Garrity
My assumption is if your at a business (private establishment) that it's private property. I'm neither a lawyer or law enforcement so I don't really know.
Posted on 3/29/14 at 7:23 pm to Corilla
Even though he's only drank half a beer on private property not operating a vehicle? If you don't mind me asking, what is your profession?
Posted on 3/29/14 at 7:28 pm to DeepSouthSportsman
quote:
Even though he's only drank half a beer on private property not operating a vehicle?
I don't think it matters. He was sitting in a vehicle with the keys readily available while drinking.
Take the fact that you know him out of it. Do you think you would get in trouble for that if a police officer saw you? I'd say yes
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