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is an open 12 pack an "open container"


cptn janks

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if i have an open case of beer in my car with beers missing, can you be ticketed for open container?

 

what about a single unopened can or bottle floating around the car somewhere?

 

reason i ask, is because my friend said it was illegal, and a "friend of a friend" got busted for it... in my experience, a friend of a friend is a usually a highly dubious source...

 

also, im presuming a couple things in the scenario here. one, im not drunk. two, i havent been drinking (i.e. no evidence of consumption). say my friend drank 3 of the beers, then gave me the rest, im driving them home and get pulled over.

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no on situation 1, but i probably wouldnt take the risk of driving around if you have a half full bottle of 151 thats been cracked open...throw that in the trunk to CYA

 

edit, i misread the single can part. you'll be fine with that. just don't do what i said above

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As far as I have ever known, you may be ticketed for open container if you have an open 12 or 6 pack in the car. I agree it is bullshit.

 

Your best bet, if you would really like to know, is to ask a police officer.

 

I also believe that if it is in the trunk, he should not have received a ticket. Once again, I am not 100%, but I believe this is the case.

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As far as I have ever known, you may be ticketed for open container if you have an open 12 or 6 pack in the car. I agree it is bullshit.

 

I'm remembering something about 24 cans/bottles or more. i.e. if you had a case, someone drank one and you had those 23 beers in the car it's not an open container. I can't recall for sure where or how I heard that, so don't quote me on it. Regardless of what it is, legal or illegal amounts, you would probably be best served to have it in your trunk. A reasonable police officer won't give you any issues about a reasonable amount, even if technically illegal, if it's in your trunk.

 

So if I buy a 6 pack (of bottles so inherently 'open') from the store and am driving home with it, that's open container? :confused:

 

I know in college one time we called the local police and asked them about carrying around a partially emptied keg (moving it from one house to another). They said as long as it's not taped we were fine (with that particular cop), so we did it and had no problems. Although I don't think we passed by any cops either. Why not call the local or sate police? Pretty easy way to settle the 'argument' and put your mind at ease.

 

I don't get the big deal about open container. Either you are drunk or you are not. Drinking 1 beer in a car doesn't make you a drunk driver. Drinking no beer in a car doesn't make you a sober driver.

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Your best bet, if you would really like to know, is to ask a police officer.

 

more like ask an attorney lol.

 

in my experience, cops are usually not as knowledgeable about the law as one would hope. i think their philosophy is along the lines of "ticket them anyway, and let the courts sort it out."

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Not necessarily illegal but not a good idea either. Keep it in the trunk. My philosophy when dealing with police is to minimize the potential for "harassment" (inconveniencing really) and the time spent for the stop. Having a case of beer with beers missing in plain view will immediately get the cop suspicious.
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more like ask an attorney lol.

 

in my experience, cops are usually not as knowledgeable about the law as one would hope. i think their philosophy is along the lines of "ticket them anyway, and let the courts sort it out."

 

I am glad someone else in this world follows this philosophy as well.

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