NO!
Just having an unsealed container of an alcoholic beverage in or about an automobile is illegal in Calif.
2007-06-16 14:17:05
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answer #1
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answered by Gaspode 7
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Section 154 of 23 U.S.C. required that states have an open container law in place by October 1, 2000. Never the less, this is a matter of state law, and state law varies.
In some states, it used to be legal to drink while driving, as long as you're not drunk. Enforcement of open container laws in those states is probably not being given a high priority.
California law appears to prohibit the personal possession of marijuana or an opened beverage container by the driver. That would appear to make it legal for the guys in the back seat to get tanked on the move, as long as the driver didn't have an open container. If the vehicle is parked, there's no driver.
However, if a cop wants to charge you with something, he can claim you are disturbing the peace, corrupting the morals of children, avoiding arrest, obstructing justice, loitering, or any number of other charges that exist largely for the benefit of cops that want to hassle people.
And let's face it. You're going to have to go home sometime. Having a beer at a cookout in a public park, you probably will be sober after playing softball for 4 hours. If you're just up there to drink and/or make out, you're not going to be a safe driver.
Even if the charges are later dropped, it's a big hassle for you. Do yourself a favor and do your drinking at home, or at a licensed establishment.
2007-06-16 14:35:48
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answer #2
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answered by Anonymous
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lol is this an essay question? are you being serious?? hell no its not legal you are still commiting a crime especially after you have been drinking and you get behind the wheel after you are done drinking and drive home and if you passout and the cops find you passed out they will give you a d.u.i. b/c the keys to your car are in your possession so if i was you i would suggest you just go somewhere besides a car to get your drink on unless you want to be behind bars and if you are under 21 you will be in even more trouble, i hope you make the right decision
2007-06-16 14:24:56
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answer #3
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answered by ? 2
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Believe it or not, you are allowed to drink in a car if it's parked, and you are not in the driver's seat.
Of course you have to be old enough to drink, and if you are on property where drinking is not allowed, you can't drink there whether you are in a car or not.
Almost everyone in here answered you incorrectly, and they dont know what the F%$# they are talking about.
2007-06-16 14:47:02
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answer #4
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answered by PH 5
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Ever heard of the open container law?
Hell no its not legal. Even in a parked car.
2007-06-16 14:19:46
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answer #5
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answered by Anonymous
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How can someone who can read in this day and age even THINK that it's legal?
EDIT: If you are in your car drinking and you have your keys on you, the charge is open container. If you are over the limit, it is DUI. If you are a minor, it's possession by a minor. It doesnt matter what state you are in.
2007-06-16 14:18:10
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answer #6
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answered by Toodeemo 7
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In most states you can't drink in the car and one state recently upheld the arrest of someone in the passenger seat who was drinking while the vehicle was in motion.
2007-06-20 04:38:07
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answer #7
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answered by David S 5
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No---Open Container=Illegal
2007-06-16 14:18:04
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answer #8
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answered by Tonka 2
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No. Even if you are parked somewhere (unless you are parked at your own residence) it can be inferred that you are going to drive that car under the influence.
2007-06-16 14:18:57
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answer #9
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answered by YBMEUBU 3
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No. Only if you are parked in your own drive way. You might as well go on in the house.
2007-06-16 14:18:54
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answer #10
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answered by Vida 6
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