How many of you enjoy a road beer or two during a long trip?And also, if you get pulled and you have an open beer, what is the charge? If you have only had one or two of them, I wouldn't think it would be DUI. Would it be open container, or is there a separate charge if the container is open in the vehicle?
9/26/2009 12:26:16 PM
never again, dude
9/26/2009 12:26:51 PM
this thread is relevant to my interests
9/26/2009 12:27:02 PM
9/26/2009 12:27:41 PM
I mean, I know passengers can usually drink with no recourse as long as the driver hasn't had a drop, but what if I am the only one in the car? What are the official legal ramifications?[Edited on September 26, 2009 at 12:28 PM. Reason : a]
9/26/2009 12:27:50 PM
I always hate how the bar will never give a draft beer in a to go cup for the ride home. Luckily, they will give me a to-go cup of diet coke or ginger ale and a double of bourbon for a do-it-yourself road drink.
9/26/2009 12:29:46 PM
^ I've had two different places give me drinks for the ride home.
9/26/2009 12:31:24 PM
I mean, I know there are several states that allow the driver to drink while driving, as long as he/she isn't drunk. What's the ruling in NC?
9/26/2009 12:32:23 PM
open container laws are strict as fuck. do not do it.
9/26/2009 12:34:42 PM
understood....but an open container ticket ain't shit, especially compared to a DUI
9/26/2009 12:35:34 PM
obviously we need someone who has experienced this to post what actually happens.i figure it's like this. if you don't have open container and you blow under .08, chances are they won't give you any sort of DUI.if you have an open container and you blow under .08 (but above .00) then chances are they'll probably ticket you for both open container and DUI. of course, getting a DUI when you are under .08 is pretty much an automatic "i'm gonna get this dropped with a cheap lawyer" but they'd probably ticket you for it anyways.just my guess.
9/26/2009 12:35:43 PM
yeah, I've known people that got charged for having previously open bottle of liqueur that was closed in the car (like transporting it from one party to another)... guess they assumed they could have put the lid on after getting pulled over so they charged them anyways.
9/26/2009 12:36:29 PM
^^ well, they don't just ticket you for DUI, you get taken downtown and arrested. If it's just an open container, then you get a ticket and are on your way. Hence the reason I am curiousI find it hard to believe many police officers would go to the trouble of giving you issuing a DUI to someone that they know will just get it dropped for that very reason. Why tie yourself up for 2 hours at minimum on a charge that you know won't stick?[Edited on September 26, 2009 at 12:38 PM. Reason : a]
9/26/2009 12:37:43 PM
http://law.onecle.com/north-carolina/20-motor-vehicles/20-138.7.html[Edited on September 26, 2009 at 12:38 PM. Reason : k so doesn't sound as bad as i thought..]
9/26/2009 12:37:50 PM
you're just gonna have to test it out this afternoon dje. report back ]
9/26/2009 12:38:34 PM
a buddy and i actually had a few on a trip to Ga a few summers back. we were 2 miles from our destination and what little buzz was had was deleted by a speeding ticket. it was a fun trip though
9/26/2009 12:44:27 PM
Road beers are great
9/26/2009 12:45:53 PM
So according to what sexpencil posted, it's a Class 3 Misdemeanor as long as you are not charged with being impaired.if I'm not mistaken, jaywalking is a class 3 misdemeanor[Edited on September 26, 2009 at 12:49 PM. Reason : a]
9/26/2009 12:48:33 PM
but your gonna get the open container ticket before a cop sees you walking across the street to get some tail
9/26/2009 12:50:12 PM
they can revoke your license for it according to what sexpencil posted
9/26/2009 1:52:38 PM
jaywalkin?yeah only if you dont go to your court date
9/26/2009 2:11:38 PM