2007-01-10 10:26:14 · 28 answers · asked by Rosemary C 1 in Politics & Government ➔ Law Enforcement & Police
In some states, an empty beer can under the seat that is covered in dust and obviously dry and old is still considered open bottle. The driver is suppose to be in control of what goes on the the vehicle so I would say the driver and the passenger would be fined.
2007-01-10 10:42:17 · answer #1 · answered by Yo it's Me 7 · 1⤊ 0⤋
Probably, but the people who say that it is true everywhere that the driver would be guilty of possessing an open container if the passenger had it are wrong. The law does not work that way in California. If the driver has possession, the driver commits an offense. If the passenger has posssession, the passenger commits an offense. (Cal. Veh. Code section 23223.) However, if a prosecutor wanted to get technical, the driver might be guilty of aiding and abetting the passenger's possession, and thus be guilty of the passenger's offense as well.
Best idea: nobody has an open container anywhere.
2007-01-10 20:23:40 · answer #2 · answered by Anonymous · 1⤊ 1⤋
In most states, yes, you can. The law usually prohibits any open liquor in the passenger compartment, no matter who's drinking it.
The police officer has no way of knowing if the passenger was really drinking or if the driver was drinking and just handed the open can to the front seat passenger.
2007-01-10 18:42:02 · answer #3 · answered by Wolfeblayde 7 · 2⤊ 0⤋
In nearly all states, yes. The driver can get nabbed for an open container if there is one anywhere in the passenger compartment of the vehicle or anywhere within the driver's reach.
2007-01-10 19:02:49 · answer #4 · answered by Bostonian In MO 7 · 1⤊ 0⤋
In NH we have an open container law which does mean the driver would be in trouble if the passengers were drinking an alcoholic beverage ~~~
2007-01-10 18:42:32 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Yes, it's an open container w/in reach of the driver. Who's to say you didn't just hand it to the passenger when you saw the cop?
2007-01-10 18:42:02 · answer #6 · answered by Get a life 3 · 1⤊ 0⤋
If the guy in the car with you is smoking crack would you get in trouble ? Well, yea. With big deal that MADD has been making since the early 70s I bet your in more trouble with the beer. Think before you put yourself at risk with the people you hang around with.
2007-01-14 16:52:37 · answer #7 · answered by Sgt 524 5 · 0⤊ 0⤋
If there's an open container of alcohol in your car, yes, you can get pulled over. I'm not sure where it would go after that though. Stop taking chances and keep alcohol out of your car.
2007-01-10 18:43:05 · answer #8 · answered by Bud's Girl 6 · 1⤊ 0⤋
Yes. You can't have an open container in the passenger compartment of the vehicle, period.
2007-01-10 18:46:08 · answer #9 · answered by EQ 6 · 1⤊ 0⤋
YES! Its illegal to have open alcohol container in the car, even if its the passenger drinking.
2007-01-10 18:42:31 · answer #10 · answered by ♥ 4 · 2⤊ 0⤋