Picture this...a man & woman (maybe his wife) are driving home after a romantic dinner (maybe their anniversary...ooooo), neither of them had had a drop of alchohol to drink yet, but they purchase a bottle of wine before going home. They then get pulled by a police officer who sees the unopened bottle sitting on the front seat between the couple (or maybe it's in the back seat). The couple are clearly 100% sober- BAC of 0.00%.
Now the question is...Can a police officer write a DUI ticket for the simple fact that there is a bottle of alchohol within reach of one driving? (remeber the bottle is unopened; also, you can assume that all field tests were passed and the driver passed the breathalyzer)
If yes...would a policer officer ever write the ticket?
As a corollary...Would a prosecutor ever fight to enforce the ticket?
2006-12-19 09:30:19 · 17 answers · asked by theWord 5 in Politics & Government ➔ Law Enforcement & Police
DUI requires:
proof of operation
proof of impairment due to alcohol or drugs
You CANNOT be issued when there's no evidence of either of the above. almost all states in the US require the alcoholic beverage to be opened for an 'open container' citation. But that is entirely different from DUI. If you find an over-zealous cop fishing for a drunk and he write this ticket, he will surely lose this one in court. ESPECIALLY without balance and or breath tests to back it up.
2006-12-20 22:48:48 · answer #1 · answered by Tough Love 5 · 0⤊ 0⤋
A officer can always write a ticket if they really want to, but they would not.
And no, a unopen bottle is not grounds for any ticket. People all the time stoped that have various bottles in thier cars.
In TN you can have a open bottle in your car if you want to.
To get a DUI ticket you have to show some sign of being drunk, either your driving behavior ( there are specific points and signs that officers use) Next there are various forms of field testing.
Without failing one of those no officer would write a ticket.
There has to be evidence that he can testify to.
2006-12-19 13:45:11 · answer #2 · answered by Anonymous · 1⤊ 0⤋
In most states it is illegal to have open or unopened alcohol in the front seat in which case the officer would be justified in writing the ticket. Most state laws on alcohol require that alcohol be kept out of reach meaning it should be stored in the trunk or backseat. In California if you're drunk and just sitting in your car, you can get a DUI ticket because the intent was there.
2006-12-19 09:45:18 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In Ontario Canada there is no offence for having a sealed bottle of booze in your car.
Here you don't get ticketed for DUI, you get arrested and charged criminally. DUI is called impaired driving here and for an officer to lay this charge he/she must have reasonable grounds to believe someone's ability to operate a motor vehicle is impaired by the consumption of alcohol. So you need, odour of alcoholic beverage on the person's breath and some other indicia of impairment (like slurred speech, glassy eyes, unsteady on feet, bad driving).
You can't demand a roadside screener test here if you don't have the odour of alcohol or an admission of drinking from the driver. You need reasonable grounds to do that too.
So the answer to your question is no to ticket and/or arrest.
2006-12-19 13:20:47 · answer #4 · answered by joeanonymous 6 · 0⤊ 0⤋
As a police officer, if I thought the driver was under the influence,
I would test that driver. I have never arrested anyone who had nothing to drink. In 7 years, I have had 2 subjects I have tested blow under 0.08. The tests are good.
I wouldn't even comment on the bottle of wine as long as the couple are of age.
2006-12-19 16:53:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Uh, you wouldn't get a "ticket" for DUI. That's a straight to jail, do not pass go, do not collect $200 offense. And, if the bottle was unopened, no offense has been commited.
2006-12-19 09:39:10 · answer #6 · answered by Anonymous · 1⤊ 0⤋
No I would not write a ticket because the bottle is clearly closed. The law states that only if the bottle is opened can the officer do a alchohol test.
2006-12-19 09:33:59 · answer #7 · answered by Anonymous · 1⤊ 2⤋
The bottle would have to be open for the officer to write an "open container" ticket. The bottle would have to have been consumed for the officer to write up a "DUI/DWI". Otherwise, it's all good...
2006-12-19 10:24:17 · answer #8 · answered by kanjjn 2 · 2⤊ 0⤋
Having a container of alcohol, opened or sealed, has nothing to do with operating a motor vehicle under the influence of alcohol. So the answer is no they could not charge the person with DWI or whatever that particular state calls it.
2006-12-19 09:47:48 · answer #9 · answered by Judge Dredd 5 · 3⤊ 0⤋
I doubt the DUI would stand, but in most states, having an open container is against the law.
2006-12-19 09:33:26 · answer #10 · answered by united9198 7 · 0⤊ 0⤋