REVscene - Vancouver Automotive Forum


Welcome to the REVscene Automotive Forum forums.

Registration is Free!You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today! The banners on the left side and below do not show for registered users!

If you have any problems with the registration process or your account login, please contact contact us.


Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

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

Reply
 
Thread Tools
Old 08-13-2009, 08:54 PM   #1
Retired Traffic Cop
 
skidmark's Avatar
 
Join Date: Oct 2001
Location: Nanoose Bay, BC
Posts: 9,023
Thanked 115 Times in 66 Posts
DriveSmartBC - Open Liquor in a Vehicle

On a sunny afternoon patrol one weekend I stopped a vehicle that had been exceeding the speed limit. As I approached, I could see two gray haired women in the front and two men of the same vintage in the rear of the car. I could also see a partially consumed cold beer in the hand of each of the men, who made no attempt to hide them from me.

I explained that the liquor was being possessed and consumed illegally and that I would be searching the car under the provisions of the Liquor Control and Licensing Act. I had to convince the two to hand over the two open bottles of beer and searched for and seized the balance under very strong verbal protest.

The registered owner of the vehicle, a local resident, was one of the males and he exclaimed that he could see nothing wrong with enjoying a drink with his visiting guest as his wife drove the car. She had not been drinking, but she received the ticket for illegal transport of the liquor.

Perhaps I have seen too many collisions caused by impaired drivers, but I do believe that there are more appropriate places to enjoy an alcoholic drink than doing so in the passenger compartment of your vehicle while it is being driven on the highway. In my view it is a very short step between passengers drinking and the driver joining in too.

Reference Links
Advertisement
__________________
Have you ever met anyone that would admit to being less than a better than average driver ??

Learn more at DriveSmartBC
skidmark is offline   Reply With Quote
Old 08-14-2009, 02:32 AM   #2
I Will not Admit my Addiction to RS
 
Join Date: Jan 2005
Location: burnaby
Posts: 555
Thanked 34 Times in 3 Posts
rrrriight.. flex 'em muss-kels!
focus is offline   Reply With Quote
Old 08-14-2009, 02:47 AM   #3
Hacked RS to become a mod
 
SkinnyPupp's Avatar
 
Join Date: Feb 2002
Location: Sunny Hong Kong
Posts: 42,017
Thanked 17,634 Times in 5,341 Posts
It may be a "short step" between the driver drinking or not, but it is a "step" after all. I think this law is a bit too severe.

That said, it is the law, and I'm glad you're helping raise awareness of it.
SkinnyPupp is offline   Reply With Quote
Old 08-14-2009, 03:27 AM   #4
The RS Freebie guru
 
InvisibleSoul's Avatar
 
Join Date: Jul 2001
Location: East Vancouver
Posts: 22,029
Thanked 2,489 Times in 859 Posts
Is it a short step between owning a gun and killing someone with it?
InvisibleSoul is offline   Reply With Quote
Old 08-14-2009, 07:57 AM   #5
RS Peace Officer
 
zulutango's Avatar
 
Join Date: Feb 2007
Location: Vancouver Islan
Posts: 3,850
Thanked 1,623 Times in 678 Posts
The additional problem is that this often ends up with a sober driver and intoxicated passengers. The intoxicated passengers become uncontrollable and influence the driver. My first ever fatal was from exactly that situation where the drunk passenger grabbed the wheel and caused a craash that killed one and injured 2 others. Allowing the passengers to get drunker as you drive is not a good idea at all.
zulutango is offline   Reply With Quote
Old 08-14-2009, 08:29 AM   #6
Hacked RS to become a mod
 
SkinnyPupp's Avatar
 
Join Date: Feb 2002
Location: Sunny Hong Kong
Posts: 42,017
Thanked 17,634 Times in 5,341 Posts
So what about kids? They can be "out of control" too.. They should be banned!

Fatal accidents happen for all sorts of reasons, from drunk drivers, to drunk passengers, to crazy kids, to changing radio stations...
SkinnyPupp is offline   Reply With Quote
Old 08-14-2009, 09:20 AM   #7
My homepage has been set to RS
 
xpl0sive's Avatar
 
Join Date: Nov 2004
Location: Burnaby,BC
Posts: 2,053
Thanked 1,185 Times in 304 Posts
Quote:
Originally Posted by zulutango View Post
The additional problem is that this often ends up with a sober driver and intoxicated passengers. The intoxicated passengers become uncontrollable and influence the driver. My first ever fatal was from exactly that situation where the drunk passenger grabbed the wheel and caused a craash that killed one and injured 2 others. Allowing the passengers to get drunker as you drive is not a good idea at all.
not sure drunker is a word, more drunk sounds better. but anyway, so if your the designated driver, how is it any different? you still have a car full of drunk people, chances of them grabbing the wheel are the exact same as someone sitting there having a beer on a sunny day... i guess.
if you are responsible enough to stay sober all night in order to drive your friends home after the bar, chances are you aren't going to get in your car and down a mickey of smirnoff. the reasoning behind this law makes no sense
xpl0sive is offline   Reply With Quote
Old 08-14-2009, 09:29 AM   #8
RS Peace Officer
 
zulutango's Avatar
 
Join Date: Feb 2007
Location: Vancouver Islan
Posts: 3,850
Thanked 1,623 Times in 678 Posts
Ready the last line of my post.
zulutango is offline   Reply With Quote
Old 08-14-2009, 09:32 AM   #9
My homepage has been set to RS
 
xpl0sive's Avatar
 
Join Date: Nov 2004
Location: Burnaby,BC
Posts: 2,053
Thanked 1,185 Times in 304 Posts
read the first line in mine. i clearly read yours... most people do not get more drunk after they leave the bar. the liquior stores are closed by that time, so you can't buy any more liquor. skidmark's example is more likely to happen, and in that situation, the law is unreasonable.
xpl0sive is offline   Reply With Quote
Old 08-14-2009, 09:44 AM   #10
WOAH! i think Vtec just kicked in!
 
JHatta's Avatar
 
Join Date: Jan 2006
Location: richmond
Posts: 1,626
Thanked 362 Times in 124 Posts
Hmmmmmm....a legitimate thread that pertains to the MVA?!

OK, here's the thing. I've been pulled over before, as driver and passenger, when the passenger had a beer in hand. Did not get tickets, but beer was poured out in ONE instance. I disagree with this law, but it makes sense. So you CANNOT have open liquor in the car, even if it isn't in the driver's possession. Good to know.

How about empties in the car? If the driver was not intoxicated, is that fair game? IE, you get pulled over, passenger chugs the beer.

Also, what constitutes as open liquor? I've been pulled over in vernon before, I had 5 out of 6 beers in a six pack, in the back seat. One beer fell when I was putting it in the car, so I shotgunned it. I was under the legal limit. The officer stated that having 5/6 beers was open liquor, and I had to get picked up.

I also heard that open liquor is only valid if it is within reach of the driver. So if I had half a bottle of scotch in the TRUNK, would that still be an offense?
__________________
Quote:
Originally Posted by Graeme S View Post
More than half of the problem is stupidity, not malice.
JHatta is offline   Reply With Quote
Old 08-14-2009, 09:51 AM   #11
I WANT MY 10 YEARS BACK FROM RS.net!
 
Soundy's Avatar
 
Join Date: Jan 2006
Location: Abbotstan
Posts: 20,730
Thanked 12,144 Times in 3,366 Posts
Quote:
Originally Posted by JHatta View Post
Hmmmmmm....a legitimate thread that pertains to the MVA?!
What is the forum coming to??

Quote:
OK, here's the thing. I've been pulled over before, as driver and passenger, when the passenger had a beer in hand. Did not get tickets, but beer was poured out in ONE instance. I disagree with this law, but it makes sense. So you CANNOT have open liquor in the car, even if it isn't in the driver's possession. Good to know.
Makes total sense: the driver could just as easily have been drinking it and handed it off to the passenger. The cop has no way of knowing the difference.

Same with skidmark's original story: how does he know that the guys in the back aren't passing the beers up to the driver for the occasional swig? The only DEFINITE way to prevent this happening is to pour out the open beers and confiscate the rest.

Quote:
Also, what constitutes as open liquor? I've been pulled over in vernon before, I had 5 out of 6 beers in a six pack, in the back seat. One beer fell when I was putting it in the car, so I shotgunned it. I was under the legal limit. The officer stated that having 5/6 beers was open liquor, and I had to get picked up.

I also heard that open liquor is only valid if it is within reach of the driver. So if I had half a bottle of scotch in the TRUNK, would that still be an offense?
Nope. That's the secret when transporting any alcohol, open or not: put it in the trunk, and avoid any problems.
__________________
Quote:
Originally Posted by Godzira View Post
Does anyone know how many to a signature?
..
Quote:
Originally Posted by Brianrietta View Post
Not a sebberry post goes by where I don't frown and think to myself "so..?"
Soundy is offline   Reply With Quote
Old 08-14-2009, 10:15 AM   #12
RS Peace Officer
 
zulutango's Avatar
 
Join Date: Feb 2007
Location: Vancouver Islan
Posts: 3,850
Thanked 1,623 Times in 678 Posts
Be happy that you did not get caught in Nova Scotia...the fine is $ 500 for open liquor in a vehicle. Based on past experience, drunk people who drink more booze, tend to get drunker and less controlable....unless they completely pass out . Anyone else here ever have the opposite experience where people consuming more booze get sober and easier to handle?
zulutango is offline   Reply With Quote
Old 08-14-2009, 10:16 AM   #13
My homepage has been set to RS
 
xpl0sive's Avatar
 
Join Date: Nov 2004
Location: Burnaby,BC
Posts: 2,053
Thanked 1,185 Times in 304 Posts
so you're saying a trained police officer would not be able to tell that the driver had been just drinking and handed off the beer to the passenger? you're kidding right? i've been breathalised because the people in my car were drunk and the cop could smell the liquior on them, and assumed i was drunk too... if you're drinking a beer while driving, get pulled over, and give it to the passenger, the cop would be able to tell that you were just drinking. so that's not an excuse for this law. oh and i want to know if a beer missing out of a case is considered open alchohol too. we were walking downtown with an 18 case of beer, with one missing, got questioned by the cops, and when they saw that the case was open, gave us drinking in public tickets and made us poor out 17 beer. seems a bit harsh to me, since we werent drinking in public...
xpl0sive is offline   Reply With Quote
Old 08-14-2009, 10:24 AM   #14
RS Peace Officer
 
zulutango's Avatar
 
Join Date: Feb 2007
Location: Vancouver Islan
Posts: 3,850
Thanked 1,623 Times in 678 Posts
The Police could smell liquor from inside the vehicle and then start an investigation to see who had consumed it. Unless you have "no alcohol" restrictions on your DL, it is not illegal to have recently consumed "non-impairing" levels of it, and start to drive.

Alcohol must be : "unopened". Look at the liquor act for definitions. It has to be sealed, in an unopened case and NOT in the passenger compartment of the vehicle. You were fortunate that charges were not laid. The person posessing the open liquor can be charged and the driver of the vehicle can also be charged for permitting the alcohol in the vehicle. BTW...your car IS "IN PUBLIC".

"public place" includes

(a) a place, building, passenger conveyance, boat or land to which the public resort or are permitted access, and

(b) a motor vehicle located on land to which the public resort or are permitted access;



44 (1) In this section:

"motor home" has the same meaning as in the Motor Vehicle Act;

"motor vehicle" has the same meaning as in the Motor Vehicle Act, and includes an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act.

(2) Subject to subsection (3), a person must not drive or otherwise exercise control over the operation of a motor vehicle, whether or not it is in motion, while there is liquor in the person's possession or in the motor vehicle.

(3) Subsection (2) does not apply

(a) if the liquor is in a container that is unopened and has an unbroken seal,

(b) if the liquor is being transported or used in accordance with a licence issued under this Act, or

(c) in any other case, if the motor vehicle

(i) is a motor home and the liquor is kept in a cabinet away from the driver's area,

(ii) is a station wagon or hatchback and the liquor is behind the rear seat, whether or not that seat is in an upright position,

(iii) is a pickup truck and the liquor is in an exterior compartment, a space designed for the carriage of baggage or parcels or any other location that is not readily accessible to any person in the motor vehicle,

(iv) is a motorcycle and the liquor is not readily accessible to the operator, or

(v) is not one referred to in subparagraphs (i) to (iv) and the liquor is in the trunk or space designed for the carriage of baggage or parcels

Last edited by zulutango; 08-14-2009 at 10:30 AM.
zulutango is offline   Reply With Quote
Old 08-14-2009, 10:25 AM   #15
WOAH! i think Vtec just kicked in!
 
JHatta's Avatar
 
Join Date: Jan 2006
Location: richmond
Posts: 1,626
Thanked 362 Times in 124 Posts
Quote:
Originally Posted by zulutango View Post
Anyone else here ever have the opposite experience where people consuming more booze get sober and easier to handle?
I've heard girls say I'm more easier to handle after consuming booze...

Quote:
Originally Posted by xpl0sive View Post
so you're saying a trained police officer would not be able to tell that the driver had been just drinking and handed off the beer to the passenger? you're kidding right? i've been breathalised because the people in my car were drunk and the cop could smell the liquior on them, and assumed i was drunk too... if you're drinking a beer while driving, get pulled over, and give it to the passenger, the cop would be able to tell that you were just drinking. so that's not an excuse for this law.
No, I don't agree with that. Example, ASIANS. They can't drink worth beans. I know guys who can be UNDER the limit, and still drunk as fuck, cause they're weaksauce little guys. hahahaha!!!

Also...officers have a hard time identifying drunk people. This is known fact. They suck at it. I've slipped under their radar, (not admitting to DUI) and I'm sure more can attest to that. It's not hard to "fake" sober when being pulled over, especially when you got a maglite shined in your eyes. Things like chewing gum, spraying cologne, etc, disguise any intoxication signs as well.
__________________
Quote:
Originally Posted by Graeme S View Post
More than half of the problem is stupidity, not malice.
JHatta is offline   Reply With Quote
Old 08-14-2009, 02:06 PM   #16
RS.net, helping ugly ppl have sex since 2001
 
Great68's Avatar
 
Join Date: Mar 2002
Location: Victoria
Posts: 8,508
Thanked 2,597 Times in 849 Posts
Basically we are charging the driver on the basis that he MIGHT commit a crime, and not that he actually HAS committed the crime?

Right, that makes sense...
__________________
1968 Mustang Coupe
2008.5 Mazdaspeed 3
1997 GMC Sonoma ZR2

A vehicle for all occasions
Great68 is offline   Reply With Quote
Old 08-14-2009, 03:29 PM   #17
I WANT MY 10 YEARS BACK FROM RS.net!
 
Soundy's Avatar
 
Join Date: Jan 2006
Location: Abbotstan
Posts: 20,730
Thanked 12,144 Times in 3,366 Posts
^Actually, no, we're charging him on the basis that having open alcohol in the vehicle IS a crime.
__________________
Quote:
Originally Posted by Godzira View Post
Does anyone know how many to a signature?
..
Quote:
Originally Posted by Brianrietta View Post
Not a sebberry post goes by where I don't frown and think to myself "so..?"
Soundy is offline   Reply With Quote
Old 08-14-2009, 08:17 PM   #18
RS Peace Officer
 
zulutango's Avatar
 
Join Date: Feb 2007
Location: Vancouver Islan
Posts: 3,850
Thanked 1,623 Times in 678 Posts
Quote:
Originally Posted by Great68 View Post
Basically we are charging the driver on the basis that he MIGHT commit a crime, and not that he actually HAS committed the crime?

Right, that makes sense...
To respond to the rest of your non-posted comment..about liquor in a mini van..



(ii) is a station wagon or hatchback and the liquor is behind the rear seat, whether or not that seat is in an upright position,
zulutango is offline   Reply With Quote
Old 08-14-2009, 11:24 PM   #19
RS.net, helping ugly ppl have sex since 2001
 
Great68's Avatar
 
Join Date: Mar 2002
Location: Victoria
Posts: 8,508
Thanked 2,597 Times in 849 Posts
Quote:
Originally Posted by Soundy View Post
^Actually, no, we're charging him on the basis that having open alcohol in the vehicle IS a crime.
Which is illegal because a driver MIGHT drink it... Or passengers in the back MIGHT get rowdy...

It's like making knives illegal, afterall someone MIGHT get stabbed...
__________________
1968 Mustang Coupe
2008.5 Mazdaspeed 3
1997 GMC Sonoma ZR2

A vehicle for all occasions

Last edited by Great68; 08-14-2009 at 11:32 PM.
Great68 is offline   Reply With Quote
Old 08-14-2009, 11:25 PM   #20
RS.net, helping ugly ppl have sex since 2001
 
Great68's Avatar
 
Join Date: Mar 2002
Location: Victoria
Posts: 8,508
Thanked 2,597 Times in 849 Posts
Quote:
Originally Posted by zulutango View Post
To respond to the rest of your non-posted comment..about liquor in a mini van..



(ii) is a station wagon or hatchback and the liquor is behind the rear seat, whether or not that seat is in an upright position,
Caught that.

Hence the edited post.
__________________
1968 Mustang Coupe
2008.5 Mazdaspeed 3
1997 GMC Sonoma ZR2

A vehicle for all occasions
Great68 is offline   Reply With Quote
Old 08-14-2009, 11:26 PM   #21
Willing to sell body for a few minutes on RS
 
underscore's Avatar
 
Join Date: Apr 2007
Location: Kel-pwn-a
Posts: 11,975
Thanked 4,964 Times in 2,172 Posts
I saw 3 guys get busted for this a few summers back, 3 guys sitting on the median on the highway, in cuffs, 3 half empty bottles beside them and and half empty case as 2 officers dug through their SUV. On and this was in the middle of the day during traffic. Bright.

Quote:
Originally Posted by xpl0sive View Post
read the first line in mine. i clearly read yours... most people do not get more drunk after they leave the bar. the liquior stores are closed by that time, so you can't buy any more liquor. skidmark's example is more likely to happen, and in that situation, the law is unreasonable.
ever heard of predrinking? get half drunk at home, DD drives to the bar/club...


Also is there not a law that states you are only legally allowed to transport alcohol from the liquor store DIRECTLY to your home and that it must be completely sealed.
__________________
1992 Toyota Celica GT-S // 1991 Toyota Celica GTFour RC FOR SALE // 2007 Jeep Grand Cherokee CRD

Quote:
Originally Posted by maksimizer View Post
half those dudes are hotter than ,my GF.
Quote:
Originally Posted by RevYouUp View Post
reading this thread is like waiting for goku to charge up a spirit bomb in dragon ball z
Quote:
Originally Posted by Good_KarMa View Post
OH thank god. I thought u had sex with my wife. :cry:
underscore is offline   Reply With Quote
Old 08-14-2009, 11:40 PM   #22
WOAH! i think Vtec just kicked in!
 
JHatta's Avatar
 
Join Date: Jan 2006
Location: richmond
Posts: 1,626
Thanked 362 Times in 124 Posts
Quote:
Originally Posted by zulutango View Post
To respond to the rest of your non-posted comment..about liquor in a mini van..



(ii) is a station wagon or hatchback and the liquor is behind the rear seat, whether or not that seat is in an upright position,

Ok...

what if your car is gutted? lol
__________________
Quote:
Originally Posted by Graeme S View Post
More than half of the problem is stupidity, not malice.
JHatta is offline   Reply With Quote
Old 08-14-2009, 11:44 PM   #23
I subscribe to Revscene
 
Join Date: Nov 2006
Location: Victoria
Posts: 1,977
Thanked 185 Times in 129 Posts
You can transport a drunk passenger but you can't transport a drinking one.. hmm.

Is a BC Transit driver at risk of a fine if a passenger sneaks an open beer on board?

We know that the law requires passengers in the back of a limosine to sit around poker-faced and leave the champagne locked in the trunk to prevent the driver from drinking...

The host of a party is not criminally responsible if a drunk guest drives home and causes a collision, why should the driver of a car be held responsible if a passenger is drinking? The driver isn't drinking.

That being said, I hate beer, it smells bad and nobody would ever get an open one into my car
sebberry is offline   Reply With Quote
Old 08-15-2009, 09:11 AM   #24
I WANT MY 10 YEARS BACK FROM RS.net!
 
Soundy's Avatar
 
Join Date: Jan 2006
Location: Abbotstan
Posts: 20,730
Thanked 12,144 Times in 3,366 Posts
Quote:
Originally Posted by Great68 View Post
Which is illegal because a driver MIGHT drink it... Or passengers in the back MIGHT get rowdy...

It's like making knives illegal, afterall someone MIGHT get stabbed...
More like, making drunk driving illegal because you MIGHT crash and kill someone.
__________________
Quote:
Originally Posted by Godzira View Post
Does anyone know how many to a signature?
..
Quote:
Originally Posted by Brianrietta View Post
Not a sebberry post goes by where I don't frown and think to myself "so..?"
Soundy is offline   Reply With Quote
Old 08-15-2009, 09:18 AM   #25
I WANT MY 10 YEARS BACK FROM RS.net!
 
Soundy's Avatar
 
Join Date: Jan 2006
Location: Abbotstan
Posts: 20,730
Thanked 12,144 Times in 3,366 Posts
Quote:
Originally Posted by sebberry View Post
We know that the law requires passengers in the back of a limosine to sit around poker-faced and leave the champagne locked in the trunk to prevent the driver from drinking...
From the driver's perspective, the PASSENGERS are in the trunk, too. It's just a really really big, glitzy, flashy trunk.
__________________
Quote:
Originally Posted by Godzira View Post
Does anyone know how many to a signature?
..
Quote:
Originally Posted by Brianrietta View Post
Not a sebberry post goes by where I don't frown and think to myself "so..?"
Soundy is offline   Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off



All times are GMT -8. The time now is 12:31 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
SEO by vBSEO ©2011, Crawlability, Inc.
Revscene.net cannot be held accountable for the actions of its members nor does the opinions of the members represent that of Revscene.net