i live in texas but dont know much about the texas laws. just wanted to know if i was the front passenger in a car in motion, can i drink alcohol? i am 21. and the container is open
2006-08-17 18:20:55 · 37 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I dunno about Texas law either but where I come from all open alcohol must be kept in the trunk. Common sense would say NO you cannot drink in the car even if you aren't driving but Texas is weird. I would ask a police officer if I was you. That's what I did because I didn't know my local laws either.
2006-08-17 18:25:33 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Texas Open Container Law
Since Sept. 1, 2001 when House Bill 5 passed by the Texas legislature became effective, it is illegal to have an open container of alcohol in the passenger area of a car on any public road in Texas. Exempt from this law are buses, limousines, and taxis.
Consequences of Open Container Violations
A person commits a Class C misdemeanor if the person possesses an open container in a passenger area of a motor vehicle that is located on a Texas public highway, regardless of whether the vehicle is being operated, stopped or parked.
The law considers it a single offense if a person is found to possess one or more open containers at the time the ticket is given. All persons within the car—including driver and passengers—may be ticketed.
Texas requires the police officer charging the person with an open container violation to issue a written citation and notice to appear in court at a specific time and place, similar to a speeding ticket. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer must release the person.
2006-08-17 18:24:22 · answer #2 · answered by Rob 4 · 0⤊ 0⤋
No. Most states have a law that mentions having an open container in a car. If not what's to stop a driver from handing his bottle to the passenger and claiming that it was the passenger who was drinking.
The best bet is to wait till you get somewhere, finish the alcohol, and have a designated driver take you home.
2006-08-17 18:26:24 · answer #3 · answered by sshazzam 6 · 0⤊ 0⤋
IN one state it is OK for the driver to drink as they go about the driving but most states have very strict open container laws that you cant have an open alcohol bottle in the car at all.
2006-08-17 18:26:15 · answer #4 · answered by robertemorehead 2 · 0⤊ 0⤋
When I lived in Texas years ago it was, but I do believe the law has changed and now it's illegal to have an open container in the vehicle.Don't take any chances, it's better to be safe than sorry.
2006-08-17 18:26:34 · answer #5 · answered by Brandy 3 · 0⤊ 0⤋
I don't know about Texas, but in NJ, it's illegal to have an open container of alcohol in the car. So after we bring a bottle of wine to a restaurant, we always put the open bottle in the trunk.
2006-08-17 18:27:11 · answer #6 · answered by Anonymous · 0⤊ 0⤋
NO - any open container in a car can cause the driver to be arrested, at least in most of the states that I know. Even a liquor bottle in the back seat on the floor that was opened previously can be reason in some states, even if no one is drinking it.
2006-08-17 18:25:21 · answer #7 · answered by Chloe 6 · 0⤊ 0⤋
No. It is assumed by the law that because you are drinking, the driver is also drinking. The driver is 100% responsible for the actions of those in his vehicle.
morpheus is an idiot. If America were truly a fascist state, he'd be either in prison or standing with his back to a bullet-riddled wall in front of five or ten guys with guns. Wise up, fool!
2006-08-17 18:24:40 · answer #8 · answered by christopher s 5 · 0⤊ 0⤋
Most states dont allow any open containers in the passenger cab. In LA however you can have an open container, but no straw.
2006-08-17 18:26:12 · answer #9 · answered by Ben 2 · 0⤊ 0⤋
No, Open Container
2006-08-17 18:24:28 · answer #10 · answered by Anonymous · 0⤊ 0⤋