Lets say that you are under 18 and you are driving and a cop pulls you over. He sees that in the seat next to you there are empty beer bottles on the ground. He gives you a breathalizer test and you score a negative because you weren't drinking. Can you still get arrested? I would like some facts or websites that prove this.
Thanks!
2007-05-10 13:23:58 · 12 answers · asked by pinkprincessof09 2 in Cars & Transportation ➔ Safety
An open container is considered the same, whether empty, full, or half full. He COULD cite you, regardless.
If you ARE able to convince him/her that you weren't the person who drank the beer, He's going to ask why would you want to take a chance of getting in trouble by carrying around beer bottles.
2007-05-10 13:51:47 · answer #1 · answered by Trump 2020 7 · 0⤊ 1⤋
1
2016-06-04 05:25:54 · answer #2 · answered by Krystal 3 · 0⤊ 0⤋
if they are totaly empty then the most he can do is sight you because yes they are open containers but they are empty so they dont count if you were negative on the breathalizer there is not a lot he can do. Now if he still though you had been drinkning and did arrest you you should have been asked to take a blood breath or pee test at the station or hospital and when that came back negative you should have been released. what state do you live in?
2007-05-10 15:40:17 · answer #3 · answered by Coconuts 5 · 0⤊ 0⤋
Why do you need a website? I don't know where you are so i could find 50 websites and still not cover your state or province. If you want to post your location, I may be able to find a site, but it is probably faster to phone the information line at your local constabulary and ask them about open container laws. In most jurisdictions an open container is an offence whether you are drinking or not, whether you are 17 or 37 or 57. In the US, the federal government required states to have open container laws. Here is the federal website for your perusal.
http://www.nhtsa.dot.gov/people/injury/alcohol/OpenContainer/preliminary_data.htm
2007-05-10 17:25:26 · answer #4 · answered by Fred C 7 · 0⤊ 0⤋
if you dont smell like you been drinking and pass a raodside sobriety test you should be fine. but some advice....its not good to ride around with beer leftovers in your car. and the bottles are on the floor not the ground. In legal terms words and definitions are the fine line of guilty or not guilty. you should learn the definitions of words and meanings just like all the other tweens out there.
2007-05-10 13:45:19 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If the cop reasons that you don't have the intent nor the ability to consume alcohol since the bottles are empty, then he might let you go with a warning. If he were to apply the law to the letter, then he can cite you. It will depend largely on his attitude and sentiment - which you can perhaps influence - at that time.
2007-05-10 16:27:23 · answer #6 · answered by sweetwater 7 · 0⤊ 1⤋
You could be. Two violations: Minor in Possession and Open Container. Whether you get busted will be up to the cop as well as the jurisdiction.
2007-05-10 17:40:37 · answer #7 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Nope, if the bottles are empty but if they have alcohol left in them you could get charged with an open container.
2007-05-10 14:14:00 · answer #8 · answered by joseph k 2 · 0⤊ 0⤋
Do you like to drive around in a filty car??
Pick up the mty bottles and throw them away.
2007-05-10 16:13:14 · answer #9 · answered by Barry auh2o 7 · 0⤊ 0⤋
You wont get arrested but most likely a ticket. Possession of alcohol as a miner
2007-05-10 13:29:54 · answer #10 · answered by Anonymous · 1⤊ 1⤋