reply to post by maybereal11
"1) Thier are states in the USA that allow for open alchohol in vehicles...it's a state by state thing. I am not sure, but I think Lousiana and
Texas permit both, but maybe other posters can clear it up."
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--- Yes you are correct, which as I stated earlier when confronted with this seems to point out the hypocrisy of it.
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"(2) The most obvious challenge for law enforcement is the idea it is far to easy for a Driver to drink and then simply pass the drink to the
passenger and claim he was not drinking. Simplest solution...no open alchohol in the vehicle. "
"When a cop pulls over a car load of bar hoppers at 1am and the car is littered with beer cans, and reeks of booze, it's easy for the driver to
simply say, hey I wasn't drinking in the car, they were...my breath only smells because I had a beer at the last bar etc. etc. "
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---In the instance I supplied in the OP, and in the question I repeated to you, the Driver is Sober..It is an integral part of the idea behind this
thread. I do not condone drinking and driving.
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"(3) I don't agree that a drunk passenger is enough of a danger to the driver that this is a logical basis for prohibiting open alchohol in the
vehicle, primarily because if this was true...then Designated Drivers would be illegal. "
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---That is again part of my point and I appreciate the fact you can see both sides of the debate.
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"I lost a childhood friend to a drunk driver...so I am sympathetic to the law enforcement challenge. You don't need to get drunk in the car and is
virtually impossible for a cop to sort out who is drinking and who isn't in a car. People lie...especially when drinking. "
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---I to have lost people to the selfishness and idiocy of drunk drivers.As far as not "Needing to" you are correct, but as an adult who is not
hindering the sober driver's ability to control the vehicle, I would like to have the option to do so.
As far as the police sorting out who is drinking,I have addressed this before as well, Any police officer worth his badge (Both of my
grandfathers were policemen way before breathalyzers came out) will tell you that spotting someone who has been drinking is not as difficult as you
would make it seem, and if there is any doubt, nowadays,there is always a breathalyzer.
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"Lastly from a legal perspective...I think it is called "Constructive Possesion"..if it is your car, it is your problem. I once was arrested
because the girl I was driving home had pot in her purse (I am a man BTW). I remember telling the cop..do you think that is my purse???
Just my 2 cents. "
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--- Yes that is why I offered to pay any fines if we were pulled over. I would not stick that on my friend.Luckily it never came to that. The idea
here, is that there should not be a fine to pay in the first place.
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maybereal11,Thank you very much for your thoughts. And I am sorry for your loss, I too have felt that pain and it really never goes away even after
almost 2 decades it has only dulled but not ceased. I offer you a cyber hug -----> /hugs.
Respectfully,
~meathead