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How come I can't drink a beer or two on the ride home?? *Please read entire OP before posting*

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posted on Aug, 21 2010 @ 01:13 AM
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Open container laws apply to all vehicles except for those made or maintained for transportation (limos, buses, taxis, airplanes). Also, the alcoholic beverages must be readily accessible by the driver and or passengers while in the vehicle, so this generally excludes the trunk.... or a safe with an unknown combination (if you can prove it in court)...




posted on Aug, 21 2010 @ 01:23 AM
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Thank You for beeing very forthright Meathead.
As You fellow Brother...not meaning or insinuating that I am partaking in
Your ventures, but as a human being.
I hereby grant you permission to have 2 beers on the way home..
don't litter (=
As I know , you are not drunk as a skunk ..
Other posters have said...Distracting the driver.pff
I used to drive taxi for a living..when the sober party is in charge of the automobile..it is his responsability to not ever allow harm.
Never mind what happens in the car.
I have had a lot of fun stuff happen ...it never did distract me from ...my duty to life.
The partiers party...I drove..that was my duty to get them home safely,and as small as I Am ...they knew I was in charge at that point in time.
Their lives were in my hands.
Stop being slaves, do have due respect and diligence for your fellow man, and ...please people.have fun..

Love and light,
Silver



posted on Aug, 21 2010 @ 02:00 AM
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posted on Aug, 21 2010 @ 03:07 AM
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reply to post by Mike Stivic
 


I'm pretty sure it's perfectly legal here in Australia for passengers to drink. I guess the logic behind this is that if the cops suspect the driver is drinking they don't have to put them through all sorts of ridiculous tests, they must simply blow/speak into the breath tester and it will instantly be known if he/she is drinking...I've never understood why they don't do that in the US (I'm pretty sure they don't), is it really that hard to blow (the modern ones only require you to speak) into a breath tester? What's the problem if you aren't drunk?

[edit on 21/8/10 by CHA0S]



posted on Aug, 21 2010 @ 03:13 AM
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reply to post by Mike Stivic
 


Of course you can drink a beer on the ride home.

But I think what the problem is - is that if a cop stops you, he doesn't know who has been drinking. Not his fault, not your fault, not anyone's fault.

He is just doing his job.



posted on Aug, 21 2010 @ 04:42 AM
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Originally posted by catwhoknows
 

But I think what the problem is - is that if a cop stops you, he doesn't know who has been drinking.


How is that possible when they have sobriety tests and breathalyzers?



posted on Aug, 21 2010 @ 05:01 AM
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Where I live, even the driver is allowed to drink alcohol while driving, well allowed, if you pass the breathalizer test, there is nothing the police can do.

There is this tv show in my country about cops and traffic. The cops got a call by somebody who saw a guy drinking a beer while driving.

They found and stopped the guy and gave him a breath test, he passed and was allowed to continue on his way, with his open beer container.

Me personally, I drink beer in the car all the time, as a passenger, I see no reason for this not to be allowed.

Btw, OP, I guess I'm an alcoholic too, I drink at least one beer a day, it's good for you and delicious.

Mmm, beer.



posted on Aug, 21 2010 @ 05:13 AM
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sorry bro, but if it is against the law in the state, abide.

pound a few before leaving.

trust me, not worth the hassle.

i can and did walk the streets here, drinking. beer is sold next to gum by street vendors, 24/7.

cabs, busses, cars, ok.

just don't do it.



posted on Aug, 21 2010 @ 05:18 AM
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Originally posted by CHA0S
reply to post by Mike Stivic
 


I'm pretty sure it's perfectly legal here in Australia for passengers to drink. I guess the logic behind this is that if the cops suspect the driver is drinking they don't have to put them through all sorts of ridiculous tests, they must simply blow/speak into the breath tester and it will instantly be known if he/she is drinking...I've never understood why they don't do that in the US (I'm pretty sure they don't), is it really that hard to blow (the modern ones only require you to speak) into a breath tester? What's the problem if you aren't drunk?

[edit on 21/8/10 by CHA0S]


Nah, I think they still consider you in a car with an open beer as drinking in public.

USUALLY they wont care if you are quiet and the driver is not a dick.

But if you act up, you bet they will charge you for public drinking ($50-$100) and then go hard at the driver.

I blew a tyre once and had to pull into a school parking lot at about 9pm. We were busy changing the tyre when we thought Oh Crap if we get sussed we're in for it - so we ditched the empties across the road.

Lo and behold the law arrived, but were very decent once we explained we were changing a tyre... one of them even eyed off all the empties across the road and then noticed the same unopened cans in the car.

All was good, we were not drunk, we were not being a stress..

But drinking in puiblic is still the charge if they want to be.

One guy I heard on the news a long while ago, had been pulled over and arrested for DUI. WHen he got out, they then got him for Public Drinking as he sat in the backseat of his car drinking another brew.

Those are wanker cops, imo.



posted on Aug, 21 2010 @ 09:32 AM
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Originally posted by kyred
reply to post by AR154
 


Sure there is a way to verify. There's the smell test. That's used at road blocks here. And there's the balloon breathalyzers that the local police keep handy, too. if a driver fails the smell test.



I should have explained my logic more:

How do you know they aren't about to drink it, but haven't yet?

Put it into this scenario which should be easier to see:

You are the lone person in a car (driver), open can of beer next to you. You haven't started yet so don't have dodgy breath or intoxication. A police officer notices this, now what does he believe your intentions are, and if you say you won't drink it, how is he supposed to believe you?



posted on Aug, 21 2010 @ 09:42 AM
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reply to post by AR154
 


"How do you know they aren't about to drink it, but haven't yet?

Put it into this scenario which should be easier to see:

You are the lone person in a car (driver), open can of beer next to you. You haven't started yet so don't have dodgy breath or intoxication. A police officer notices this, now what does he believe your intentions are, and if you say you won't drink it, how is he supposed to believe you?"
______________________________________________

The scenario you are putting forward has absolutely nothing to do with the OP. this is not about Drinking and operating a vehicle, it is about being a passenger in a vehicle.

Also I have a problem with your line of thought. If We are now liable for crimes that police THINK we MIGHT do, We as a nation are in huge trouble..That however is a completely differant thread.

Respectfully,

~meathead



posted on Aug, 21 2010 @ 10:06 AM
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Of course it's relevant, who's to say you aren't the one drinking it?

"I'm not drink-driving sir, this beer is for the person 2 feet away from me"

It is a blanket method to ensure that there is no way the driver is drinking

[edit on 21-8-2010 by AR154]



posted on Aug, 21 2010 @ 10:09 AM
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can't you just wait until you get home? what if you crash into an suv full of kids? even if you didn't feel drunk, you would still be charged with a murder instead of a negligent homicide. you don't want that man.



posted on Aug, 21 2010 @ 10:12 AM
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reply to post by 2weird2live2rare2die
 



"can't you just wait until you get home? what if you crash into an suv full of kids? even if you didn't feel drunk, you would still be charged with a murder instead of a negligent homicide. you don't want that man."
______________________________________________________



If you read the entire OP you would realize your comment makes no sense . This is NOT about Drinking and Driving,.

It IS about drinking while riding as a passenger.

~meathead



posted on Aug, 21 2010 @ 10:18 AM
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reply to post by Mike Stivic
 


There is a loophole in the law....but if you want to push it thats up to you....couple of things you need for this to work..

Your Company vehicle "that your a passenger in" must be registered as a commercial vehicle....and then your boss or driver has to have a class E license....then techically its the same as a limo.....and he is getting paid to drive/transport you...in short cheavferring(sp?) you.
But I'm sure this can be diferent state to state...and small town LEO's will be weird about it.....no one ...that I'm aware of has pushed this in court...but by definition and the current laws here, the guys on my mowing crew....get a beer or two on the ride home...everyday...I don't drink...I'm the driver...
But they also don't boast about it, or openly show passers by...


ETA...I have noticed in a few of my boarding states that many of the "manual labor " work crews vehicles have a small sticker on the vehicle...."driver for hire".....it may be as simple as that.....but I'd research local law..

[edit on 21-8-2010 by Doc Holiday]



posted on Aug, 21 2010 @ 10:22 AM
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It is to criminalize you, that is what the "justice system" is there for. The easier it is to stop you, search you, seize you're property, detain you, fine you and keep you "under" the better.



posted on Aug, 21 2010 @ 10:23 AM
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reply to post by AR154
 


Of course it's relevant, who's to say you aren't the one drinking it?

"I'm not drink-driving sir, this beer is for the person 2 feet away from me"

It is a blanket method to ensure that there is no way the driver is drinking
_________________________________________

A simple breathalyzer would tell the officer what he needed to know if he suspected an intoxicated driver.

However I am talking about this comment you made:
_____________________________________________

"Put it into this scenario which should be easier to see:

You are the lone person in a car (driver), open can of beer next to you. You haven't started yet so don't have dodgy breath or intoxication. A police officer notices this, now what does he believe your intentions are, and if you say you won't drink it, how is he supposed to believe you? "
__________________________________________

That is the comment I said had nothing to do with the OP it is absolutely contrary to the idea behind the thread, what you are talking about there is Drinking and Driving and I do not condone that.

I do appreciate your replies and input though


~meathead



posted on Aug, 21 2010 @ 10:32 AM
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reply to post by Doc Holiday
 


ehh whats up Doc?


First I no longer work there, its hard to lift furniture with a broken neck
. But when I did,I would never drink in the company truck, Not only would my friend and boss not have allowed it (I never asked), I would not risk his or my job, regardless of what state you are in most companies have thier own "Laws" for insurance purposes.

Tell your mowing crew I said they should thank thier lucky stars for having such a cool boss


~meathead



posted on Aug, 21 2010 @ 10:32 AM
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Originally posted by AR154
How do you know they aren't about to drink it, but haven't yet?


Wowch!

I was sitting outside the bank yesterday, I sure hope the cops didn't believe I was thinking about robbing it but haven't yet. That's just dangerous territory.

[edit on 8/21/2010 by Three_moons]



posted on Aug, 21 2010 @ 10:44 AM
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I honestly think that it's so that drivers just can't pitch their open beer to the passenger every time a cop is around and then say they weren't drinking.

And, yes, I did read the posts where others said this, and they were all rebutted, basically, with "Well, that's what breathalyzers are for."

Can you imagine the wasted man hours that would be spent by police if they had to verify the sobriety of every single driver who might have open containers in the car? The money involved in paying for those hours? The strain it would put on being able to get a cop when you actually needed one?

The law is such because it is logistically the most sound policy to prevent drinking and driving.



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