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Started By
Message
re: What are the laws for open container in a parking lot?
Posted on 3/29/14 at 9:24 pm to Corilla
Posted on 3/29/14 at 9:24 pm to Corilla
quote:
Nope
sigh
quote:
§300. Possession of alcoholic beverages in motor vehicles
A. It shall be unlawful for the operator of a motor vehicle or the passenger in or on a motor vehicle, while the motor vehicle is operated on a public highway or right-of-way, to possess an open alcoholic beverage container, or to consume an alcoholic beverage, in the passenger area of a motor vehicle.
B. For purposes of this Section, the following words have the following meanings ascribed to them:
(1) "Alcoholic beverage" means any of the following:
(a) Beer, ale, porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor.
(b) Wine of not less than one-half of one percent of alcohol by volume.
(c) Distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced.
(2) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails.
(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. (b) "Open alcoholic beverage container" shall not mean any bottle, can, or other receptacle that contains a frozen alcoholic beverage unless the lid is removed, a straw protrudes therefrom, or the contents of the receptacle have been partially removed.
(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.
(5) "Public highway or right-of-way" means the entire width between and immediately adjacent to the boundary lines of publicly maintained highways or roads when any part thereof is open to the use of the public.
C. Notwithstanding R.S. 32:391 and 411, whoever violates the provisions of this Section shall not be taken into custody by the arresting officer, but instead shall be required either to deposit his driver's license with the arresting officer or give his written promise to appear. Furthermore, a violation of the provisions of this Section shall not be included in the records kept by the commissioner required in R.S. 32:393.1.
And for the guy that said it was a $450 fine:
D. (1) Whoever violates the provisions of this Section shall be fined not more than one hundred dollars. Court costs shall be assessed in addition to the fine authorized by this Subsection.
(2) For purposes of enforcement, the observance of a glass, cup, or other container that, on its face, does not indicate that the container contains an alcoholic beverage, shall not, absent other circumstances, constitute probable cause for a law enforcement officer to stop and question a person.
E. This Section shall preempt the authority of a municipal or parish governing authority to enact any code or ordinance regulating the possession of alcoholic beverages in motor vehicles. However, the local governing authority of a local governmental subdivision with a population of over fifty thousand as of the most recent federal decennial census may enact a code or ordinance that does not conflict with the substantive provisions of this Section, and such local code or ordinance may provide for the imposition and collection of fines and court costs for violations thereof for amounts in excess of the amounts provided in this Section. The preemption contained in this Subsection is solely for the purpose of providing for a uniform open container prohibition in motor vehicles throughout the state, and nothing in this Section shall be construed to further preempt the authority of a local government to provide for any other type of alcohol beverage regulation within its jurisdiction.
F. The provisions of this Section shall not apply to the following persons or in the following areas:
(1) Any person operating or occupying a motor vehicle who, as a condition of his employment and while acting in the course and scope of such employment, is required to carry open alcoholic beverage containers, provided that the operator or passenger does not consume the alcoholic beverages.
(2) Any paid fare passenger on a common or contract carrier vehicle, as defined in R.S. 45:162.
(3) Any paid fare passenger on a public carrier vehicle, as defined in R.S. 45:200.2.
(4) Any passenger in a courtesy vehicle which is operated as a courtesy vehicle.
(5) Any passenger of a self-contained motor home which is in excess of twenty-one feet in length.
(6) Possession of an open container of alcoholic beverage in the trunk of a motor vehicle.
(7) If the motor vehicle is not equipped with a trunk, possession of an open container or alcoholic beverages in any of the following areas:
(a) In a locked glove or utility compartment. (b) In an area of the vehicle not normally occupied by, and not readily accessible, to the driver or passengers.
(8) Passengers and krewe members riding on a parade float.
(9) Any passenger in a privately owned limousine the driver of which possesses a Class D commercial driver's license. Added by Acts 2000, 1st Ex. Sess., No. 97, §1. Amended by Acts 2004, No. 15, §1.
quote:
Corilla
but go ahead and keep spilling your ignorance.
Like I said earlier, if your buddy was written up for this violation it will be thrown out, but if it was a city/parish ordinance you're SOL.
Posted on 3/29/14 at 9:24 pm to Corilla
quote:
§300. Possession of alcoholic beverages in motor vehicles
A. It shall be unlawful for the operator of a motor vehicle or the passenger in or on a motor vehicle, while the motor vehicle is operated on a public highway or right-of-way, to possess an open alcoholic beverage container, or to consume an alcoholic beverage, in the passenger area of a motor vehicle.
I don't see anything about drinking in a parking lot.
LINK
Posted on 3/29/14 at 9:26 pm to Corilla
quote:
What's your point? Has no relevance here You have an open container in a vehicle, and that's a violation of the law.
Okay...my turn, you're dumb.
Posted on 3/29/14 at 9:30 pm to LSURussian
Again, it's a parish ordinance, not state law.
LINK
Granted, there is a lot of language in there so i only quoted one part.
LINK
Granted, there is a lot of language in there so i only quoted one part.
quote:
For the purpose of discouraging public drinking, it shall be unlawful for any person to remove an open container containing alcoholic beverages, as defined herein, from any business, lounge, restaurant or establishment which is licensed under the provisions of title 9 of this Code.
This post was edited on 3/29/14 at 9:31 pm
Posted on 3/29/14 at 9:32 pm to MikeBRLA
Was the guy drinking on the property of a licensed business?
ETA: Your link is worthless.
ETA: Your link is worthless.
This post was edited on 3/29/14 at 9:34 pm
Posted on 3/29/14 at 9:34 pm to MikeBRLA
quote:
Again, it's a parish ordinance, not state law.
Was it ever clarified what the ticket was for? If so my bad, I missed it.
Posted on 3/29/14 at 9:59 pm to brass2mouth
I don't know the law. My point is if your last post is correct, he didn't break the law.
Posted on 3/29/14 at 10:03 pm to brass2mouth
There are still seven states that allow open containers in vehicles; Arkansas, Connecticut, Delaware, Mississippi, Missouri, Virginia, and West Virginia. Mississippi is the sole state that actually allows motorist to “drink and drive” (as long as they stay under the legal blood alcohol limit).
Posted on 3/29/14 at 10:30 pm to weadjust
That wasn't the law when I was a student at Ole Miss. If the vehicle was operating, and a passenger had an opened beer, you could go to jail.
Your source? Thanks.
Your source? Thanks.
Posted on 3/29/14 at 10:35 pm to matthew25
Posted on 3/29/14 at 10:40 pm to MikeBRLA
I got a ticket for drunk in public at a gas station. The way I beat the ticket was to take the state's definition of public drunkenness and private property to court. My argument was that I was on private property. Charges were dropped
Eta: BRPD
Eta: BRPD
This post was edited on 3/29/14 at 10:41 pm
Posted on 3/29/14 at 10:50 pm to Corilla
quote:
You can't have an open container in public or in a vehicle.
You, or your friend, has no case.
Posted on 3/29/14 at 10:55 pm to Casty McBoozer
But in all seriousness, why is an open container illegal? Or even being drunk in public? I can understand the DUI thing, although I think they're way too strict on the BAC limit.
Can we legalize freedom?
Can we legalize freedom?
Posted on 3/29/14 at 11:50 pm to brass2mouth
quote:
lulz...no its $100 max.
Lulz, I've paid the fine myself. Don't pretend to know shite.
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