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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 08-15-2009, 10:32 AM   #26
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Ok...

what if your car is gutted? lol
I would think in the trunk and out of reach would be best here. the spare tire well makes a great booze holder.
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Old 08-15-2009, 10:57 AM   #27
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(a) if the liquor is in a container that is unopened and has an unbroken seal,
I've come across incidences where this is very very open to interpretation. For consistency it should be the individual unit of sale (always sold per bottle ...so a 30case of beer is not 1 unit but 30 units). The confusion seems to come with what exactly constitutes the container as the unbroken seal is pretty straight forward....

So is the container the bottle or the packaging it came in? Personally I've had this swing both ways.... the packaging if I just let the police do what they do normally or the bottle if I start discussing the issue. Essentially a 6-pack cardboard beer holder is open and about 10 months (or well either October 08 or 07) ago you could still open packages of liquor at the store and purchase individual bottles which seemed to add more confusion to the situation..... like when you're trying to convince the officer that "No, this wasn't opened I just bought 8 random bottles of beer and 2 Corona and put them in the Corona 12case because it was easier to carry between the store and my car"
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Old 08-15-2009, 11:07 AM   #28
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^ receipt would clear that up pretty fast.

also I think it's because you're only supposed to transport the alcohol directly home/to where it is being consumed so if you have 29 or a 30 pack, you would've had to drink one either outside the store, or while driving.
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Old 08-15-2009, 01:04 PM   #29
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^ receipt would clear that up pretty fast.

also I think it's because you're only supposed to transport the alcohol directly home/to where it is being consumed so if you have 29 or a 30 pack, you would've had to drink one either outside the store, or while driving.
Or, you transported it to a friend's home, consumed/shared a couple, then brought the leftovers home with you. Or brought a partly-consumed case FROM home, TO the party....
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Old 08-15-2009, 02:10 PM   #30
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except technically you can't do that. it has to be direct transport from the store to the private place it will be consumed. I don't think an officer would ever give a ticket for it, but legally speaking you can only transport it once and it has to be direct.

though if people keep the booze locked in the trunk or placed far enough back you won't get asked
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Old 08-15-2009, 05:34 PM   #31
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It's like making knives illegal, afterall someone MIGHT get stabbed...
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More like, making drunk driving illegal because you MIGHT crash and kill someone.

Soundy, your example would make more sense if the post you quoted read: "It's like making waving a knife around in crowded place illegal because you might stab someone."

The mere posession of the knife (open liquor in a car) does not in itself pose a threat, it's the waving it around in a public place (driving while drunk) that does.
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Old 08-15-2009, 08:16 PM   #32
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Soundy, your example would make more sense if the post you quoted read: "It's like making waving a knife around in crowded place illegal because you might stab someone."

The mere posession of the knife (open liquor in a car) does not in itself pose a threat, it's the waving it around in a public place (driving while drunk) that does.
You're stretching the analogy. Open liquor would be the equivalent to unsheathing the knife and waving it around. Simply possessing it - whether a knife or a beer - is not the problem.

In any case, it's no different than any number of other laws preventing actions which MAY lead to harm. Almost all motor vehicle regulations and laws are of this type: it's illegal to drive to fast, or to drive a car at night without lights on, or to drive with brakes that aren't working properly, not because they DEFINITELY WILL cause death and destruction, but because they're LIKELY to. Same reason you have to have a gun half-disassembled and locked away when it's being transported or stored.
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