Will this get me thrown in jail?

[mlts22]

Here in Texas, if an open container is behind the driver/passenger seat in a motorhome, taxi, limo, or hearse, it is legal. However, reading the California laws, it says that an open container (such as an unsealed bottle of vodka in the freezer) is illegal regardless of where it is located in a vehicle.

Is this a major issue where opened bottles should get tossed, or is this more of "don't ask, don't tell"?

I know this is a dumb question... but I'd rather feel dumb here, than feel dumb in front of a CHP officer or a judge.

[kickstart]

Just pull over shut mh down and tell leo I'm home.

[ken56]

I have a digital voice recorder, dash cam and a flip video recorder and I record all interactions with the police, on all at the same time. It is lawful to record public officials in the course of conducting their business in public. The side of the road is public. The inside of my moho or trailer is not public and will require a warrant to search. Research and understand your rights. Don't fall for the "if you have nothing to hide whats the problem?" line either. The police will usually ask you to stop recording them. I have used the "nothing to hide" line back on them. Some power drunk cops think they can abuse your rights at their whim. Record them even if they tell you to stop.

[jbrad13]

mgirardo wrote:

Bumpyroad wrote:
I heard that, and I think it was MN, where a can pulled out of the 6 pack plastic ring was considered an open container. would be interested in seeing actual case law/etc. on that.
bumpy

That is what I was told in Driver's Ed class in NJ in 1990. We were taught if you have a 6 pack in the passenger portion of the car, it better be a complete 6 pack and all cans must be unopened.

-Michael

We were told a LOT of things in drivers ed. I remember an instructor say that you couldn't drive barefoot because if you did and your girlfriend was in the car with you and you were stopped by the police for some reason, you could be charged with statutory rape. In 35+ years of law enforcement I've never seen or heard ANY basis for that statement!

[huntram]

It seems to me if you can't wait 4 or 5 hours until you get to the next campground to have a drink you may have a drinking problem. Just MHO.

Keep it in the fridge or pantry until you arrive and there will be no issues! 😉

Brian

[stetwood]

toedtoes wrote:
Obey the rules of the road and you won't get stopped for the police to bust you for opened containers.

Store your alcoholic beverages (opened or not) in the fridge or a cupboard out of view and the police won't see any alcohol if you're stopped.

Don't act like an idiot or drunk, don't act belligerent or aggressive, and don't make any weird moves, etc., and the police won't have any reason to search your vehicle to find the alcohol.

Best advice here.

[mgirardo]

Bumpyroad wrote:
I heard that, and I think it was MN, where a can pulled out of the 6 pack plastic ring was considered an open container. would be interested in seeing actual case law/etc. on that.
bumpy

That is what I was told in Driver's Ed class in NJ in 1990. We were taught if you have a 6 pack in the passenger portion of the car, it better be a complete 6 pack and all cans must be unopened.

-Michael

[Bumpyroad]

CavemanCharlie wrote:


Oh, and, If you didn't know, a open box of beer is considered a open bottle in many states. Even if your not drinking and there is no actual open can of beer. I have heard things are different in Texas and just wanted to let you know this.

I heard that, and I think it was MN, where a can pulled out of the 6 pack plastic ring was considered an open container. would be interested in seeing actual case law/etc. on that.
bumpy

[Bumpyroad]

down home wrote:
I've been the victim of drunk Drivers twice, that I remember. The First time I was out in the family car and a drunk came over the line headed right for the car
I climbed an embankment but he still took off the Driver's mirror and out a streak down the side of the car. .

and you are positive he was drunk, how? perhaps asleep, inattentive, medical issue, etc.
exactly what was his/her blood alcohol level vs. the legal limit?
bumpy

[D___M]

I'm here for the comments. "Booze in the motorhome" is the new "Guns in the motorhome" 🙂

[mt1729]

Barbara Atlinburg wrote:
I can assure you of one thing, this ole gal will be sipping her wine while hubby drives down the highway. I love my wine and he loves driving. Match made in heaven.

I'll drink to that. You sound like someone really enjoying life. More power to ya! 🙂

[nightshift]

sh410 wrote:
Watch This!

That video should have been included in this thread.

[shakyjay]

DSDP Don wrote:
"shakyjay".....Here you go: California Legal Resource Book

You can buy a copy, like the rest of us had to do. You'll get answers to all your questions.

I'm aware that is the book now cite the case!

Quote from California Driver Handbook

Carrying Alcohol in a Vehicle

The law is very strict about carrying alcohol or drugs in a vehicle, whether the vehicle is on or off the highway. You must not drink any amount of alcohol in any vehicle.

A container of liquor, beer, or wine carried inside the vehicle must be full, sealed, and unopened. Otherwise, it must be kept in the trunk of the vehicle or in a place where passengers do not sit. Keeping an opened alcoholic drink in the glove compartment is specifically against the law.

In a bus, taxi, camper, or motor home, this law does not apply to non-driving passengers.

http://apps.dmv.ca.gov/pubs/hdbk/actions_drink.htm

[DSDP_Don]

"shakyjay".....Here you go: California Legal Resource Book

You can buy a copy, like the rest of us had to do. You'll get answers to all your questions.

[CavemanCharlie]

I didn't read all 4 pages of this thread. My advice would be to not risk it. You may be legal but, the police officer may not know the exact letter of the law. I keep all open containers in a closed compartment outside of the passenger compartment just to be on the safe side.

For example, my pickup truck has a tool box mounted in the box of the truck. I always put any alcohol in that and close the lid. I've never had a problem with a police officer opening and looking in the closed tool box.

Of course, I never drive with any alcohol on my breath. I practice my own personal "Not A Drop" rule. Don't give them a reason to be suspicious and then they won't be.

Oh, and, If you didn't know, a open box of beer is considered a open bottle in many states. Even if your not drinking and there is no actual open can of beer. I have heard things are different in Texas and just wanted to let you know this.

[pigman1]

As our LEO has stated, common sense is the driver in most cases. In all states, it is "generally" interpreted that the front portion of an RV is a vehicle and the part behind that is your house. Search and seizure laws, seat belt laws, Federal Motor Vehicle Safety Standards and other areas generally follow these definitions, but for each case, there are exceptions, and the officer's on the spot evaluation will carry a great sway where the foggy part of the law is sitting. By the same token judge A interprets it one way, and judge B differently, and the officers know which way the judges in his area lean.

Common sense rules. An open bottle of wine in the refrigerator or a half bottle of Jack in the closet won't raise an eyebrow. An open beer can or wine glass in the copilot's cup holder is something else. Again, common sense rules, for the LEO's as well as the RV'ers.